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T R O U B L E D C O M P A N Y R E P O R T E R
Monday, October 13, 2025, Vol. 29, No. 285
Headlines
1011778 BC: Moody's Affirms Ba3 CFR & Alters Outlook to Positive
1270 JEFF: Seeks Chapter 11 Bankruptcy in New York
23ANDME HOLDING: Files Second Amended Plan, Disclosure Statement
25 HOWELLS: Seeks Chapter 7 Bankruptcy in New York
484 EMERALD: Seeks Chapter 11 Bankruptcy in New York
ADAMS HOMES: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
ADF CONSTRUCTION: Case Summary & 16 Unsecured Creditors
AFRITEX VENTURES: Seeks to Sell Seafood Business at Auction
AGDP HOLDING: Orrick & Morris James Represent UCC
AHERMAN LLC: Seeks Chapter 11 Bankruptcy in New York
ALEON METALS: Gets Court OK for $187.5MM Sale w/ Creditor Deal
ALIERA COMPANIES: Zoe Capital Loses Bid to Set Aside Default Order
ALL MOMS: Seeks Chapter 11 Bankruptcy in Indiana
ALL PHASE: Gets Interim OK to Use Cash Collateral Until Dec. 2
ALTMAN & NELSON: Gets Interim OK to Use Cash Collateral
ALTMAN & NELSON: Jarrod Martin Named Subchapter V Trustee
AMC ENTERTAINMENT: S&P Raises Senior Secured Notes Rating to 'B'
AMERICAN TRASH: Gets Extension to Access Cash Collateral
AMERICAN UNAGI: Hires Bernstein Shur Sawyer as Legal Counsel
ANCHOR GLASS: S&P Downgrades ICR to 'SD' on Distressed Exchange
APPLIED DNA: Clay Shorrock Named CEO Following Judith Murrah's Exit
ARAMSCO INC: S&P Downgrades ICR to 'CCC+', Outlook Negative
ARCURI BUSINESS: Seeks Chapter 11 Bankruptcy in New York
ASP UNIFRAX: S&P Downgrades ICR to 'CCC', Outlook Negative
ASTRA ACQUISITION: S&P Downgrades ICR to 'D' on Bankruptcy Filing
ASTRA INTERMEDIATE: Moody's Lowers PDR to 'D-PD' Amid Ch. 11 Filing
ATECH (PARENT): ATech/ATI Unsecured Claims Will Get 12.3% to 13.8%
ATLANTICA SUSTAINABLE: S&P Downgrades ICR to 'B+', Outlook Stable
AVAYA INC: Nuveen Credit Marks $8.4MM Loan at 21% Off
AZ 400 HERKIMER: Seeks Chapter 11 Bankruptcy in New York
BABA NANAK: Case Summary & Nine Unsecured Creditors
BABA NANAK: Seeks Chapter 11 Bankruptcy in Wisconsin
BAYSIDE LIMO: Gets Final OK to Use Cash Collateral
BECKHAM JEWELRY: Claims to be Paid From Available Cash and Income
BED BATH: Secures Final Court OK for $1.95MM ERISA Deal
BEELAND PROPERTIES: Hires Beau Box as Real Estate Broker
BELL BUSINESS: Voluntary Chapter 11 Case Summary
BH DOWNTOWN: Updates Unsecured Claims Pay; Files Amended Plan
BIOXCEL THERAPEUTICS: Integrated Core, Three Others Hold 5.2% Stake
BISCUIT BAR: Gets Interim OK to Use Cash Collateral
BOKQUA LLC: Aurora Property Sale to N. Salas Nunez & A. Cruz OK'd
BOKQUA LLC: To Sell Odessa Property to Z. & R. DeLoach for $555K
BOSQUE BREWING: Section 341(a) Meeting of Creditors on November 6
BOXLIGHT CORP: L1 Capital Holds 7.8% of Class A Common Shares
BROOKDALE SENIOR: Nikolas Stengle Appointed as CEO, Director
BROTHER JOHN'S: Files Emergency Bid to Use Cash Collateral
BURGER BOSSCO: S&P Withdraws 'CCC+' Issuer Credit Rating
BURGERFI INT'L: $120,000 Cash Belongs to DIP Lender, Court Says
BW HOMECARE: S&P Lowers ICR to 'SD' on Completed Debt Transaction
C & P AUTO: Section 341(a) Meeting of Creditors on November 6
CABALLITO LLC: Seeks Chapter 11 Bankruptcy in Puerto Rico
CALDERIA INC: Voluntary Chapter 11 Case Summary
CALDERIA LLC: Seeks Chapter 11 Bankruptcy in Massachusetts
CAREVIEW COMMUNICATIONS: Extends Credit Deal Maturity to Dec. 31
CAUSEY STREETER: Case Summary & Four Unsecured Creditors
CELSIUS HOLDINGS: S&P Rates New $700MM Term Loan B 'BB+'
CENTER FOR SPECIAL: Court OKs Clearwater Property Sale to D. Quirk
CHEMTRADE LOGISTICS: DBRS Assigns 'BB' Credit Rating, Trend Stable
CHICAGO US MIDCO: S&P Assigns 'B' ICR, Outlook Stable
CHPPR MIDCO: S&P Upgrades ICR to 'B', Outlook Stable
CHURCHILL DOWNS: S&P Lowers ICR to 'BB-', Outlook Stable
CINEMAWORLD OF FLORIDA: To Sell Melbourne Property to Liquidation
CITY BREWING: Nuveen Credit Marks $2MM Loan at 72% Off
CITY BREWING: Nuveen Credit Marks $771,288 Loan at 73% Off
CITY BREWING: S&P Upgrades ICR to 'CCC' on Debt Restructuring
COALINGA, CA WATER: S&P Affirms 'BB+' Revenue Bonds Rating
COCOS MARISCOS: Seeks Subchapter V Bankruptcy in Washington
COLORART LLC: Lender Seeks Receivership Over $26MM Unpaid Debt
COMPREHENSIVE HEALTHCARE: Seeks Cash Collateral Access
CONTEMPORARY MEDICAL: Case Summary & 12 Unsecured Creditors
COORSTEK INC: Moody's Assigns 'B1' CFR, Outlook Stable
COSMOS HEALTH: All Proposals Approved at 2025 Annual Meeting
COUNTRY GARDEN: Chapter 15 Case Summary
CREATIVE LIVING: Seeks Chapter 11 Bankruptcy in Georgia
CRUZ TEC: Jarrod Martin Named Subchapter V Trustee
CUBE INTERMEDIATE: S&P Rates $647MM First-Lien Term Loan 'B'
CUBIC CORP: Nuveen Credit Marks $939,000 Loan at 26% Off
CYTTA CORP: Reports Q2 Net Income of $6.22M
CYXTERA DC: Nuveen Credit Virtually Writes Off $581,141 Loan
DALRADA FINANCIAL: Reports $24.67 Million Net Loss for FY2025
DATAVAULT INC: Closes $12 Million Convertible Note Offering
DBA INVESTMENTS: Seeks Chapter 7 Bankruptcy in Louisiana
DECKER & WILLIAMS: Section 341(a) Meeting of Creditors on Oct. 24
DIOCESE OF BUFFALO: DOB Entities' Cash Contribution to Fund Plan
DOOR COUNTY: Loses Bid to Reinstate Exclusivity Period
DOVGAL EXPRESS: Court Extends Cash Collateral Access to Oct. 31
DR. JOHN DAIGNAULT: Unsecureds Will Get 13.9% of Claims in Plan
DRI HOLDING: S&P Alters Outlook to Stable, Affirms 'B-' ICR
DYE & DURHAM: S&P Lowers ICR to 'B-', Outlook Negative
EE TLB BORROWER: S&P Assigns Prelim 'BB-' Rating on Secured Debt
ELANCO ANIMAL: S&P Upgrades ICR to 'BB' on Lower Leverage
ELECTRIC BICYCLE: Seeks Chapter 7 Bankruptcy in California
ENERGOS INFRASTRUCTURE: S&P Assigns 'BB' ICR, Outlook Stable
EVALINA LLC: Gets Interim OK to Use Cash Collateral
EVERCOMMERCE SOLUTIONS: Moody's Affirms 'B1' CFR, Outlook Stable
EYECARE PARTNERS: Nuveen Credit Marks $2.8MM Loan at 21% Off
FACEBANK INT'L: DBRS Puts 'BB' LongTerm Issuer Rating Under Review
FAITH ELECTRIC: Seeks Additional $500,000 DIP Loan From F&M Bank
FANATICS COLLECTIBLES: S&P Ups Sec. Credit Facility Rating to 'BB'
FINLEY DESIGN: Court Extends Cash Collateral Access to Oct. 31
FIRST BRANDS: Creditors' Committee Named in Chapter 11
FIRST BRANDS: DOJ Starts Probe on Company's Collapse
FIT & THRIVE: Seeks Cash Collateral Access
FLAME LLC: Amends Unsecured Claims Pay Details
FLOWER APARTMENTS: Deal to Use U.S. Bank's Cash Collateral OK'd
FORTRESS HOLDINGS: Lender Opposes Confirmation of Ch. 11 Plan
FORTRESS INVESTMENT: Fitch Affirms BB LongTerm IDR, Outlook Stable
FOUNDATION FOR INDIANA: S&P Affirms 'B' Rating on 2007A Rev. Bond
FOUR PALMS: Gets Interim OK to Use Cash Collateral
FREE SPEECH: Jones Asks High Court to Pause Defamation Ruling
FRONTLINE MEDICAL: Court Affirms Subchapter V Plan Confirmation
GAMIL EDHAH: Voluntary Chapter 11 Case Summary
GBOGBARA INC: Section 341(a) Meeting of Creditors on November 3
GENESIS HEALTHCARE: Halts Litigation Against Owners, Workers
GENESIS HEALTHCARE: Whitaker Represents Nursing Home Patients
GLASS MANAGEMENT: Court Extends Cash Collateral Access to Oct. 31
GOAT HOLDCO: S&P Affirms 'B' ICR on Credit-Neutral Spin-Off
GOBLYN HEAD: Melissa Haselden Named Subchapter V Trustee
GRANT PARK: Retains Edward Izzi & Associates as Accountants
GRANT PARK: Taps the Law Office of David R. Herzog as Counsel
GREAT EASTERN: Court OKs Water Craft Sale to KA Marine for $500
GREEN COPPERFIELD: Claims to be Paid from Business Income
GRUBHUB HOLDINGS: Moody's Affirms 'B3' CFR, Outlook Stable
GUNNISON VALLEY: Employs Keen-Summit as Real Estate Broker
HALL OF FAME: Extends Merger Termination With HOFV to Oct. 17
HALL OF FAME: Increases Facility to $20M in 11th Amendment
HEALTHY EXTRACTS: Inks Merrger Ddeal With GUSA, Issues 13.1M Shares
HELIX ENERGY: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
HERITAGE COLLEGIATE: Elemental, et al. Lose Bid to Dismiss Lawsuit
HERITAGE COLLEGIATE: Vault Loses Bid to Dismiss Adversary Case
HERTZ CORP: Court Trims Claims in Stephen "Do Not Rent List" Case
HOUSTON THERAPY: Seeks Subchapter V Bankruptcy in Mississippi
HUDSON CRUISES: Seeks Chapter 7 Bankruptcy in New York
HUNTERSTOWN GENERATION: S&P Affirms BB- Rating on Sec. Term Loan B
HYPERION DEFI: Board Member Michael Rowe Steps Down
ICG US 2022-1: S&P Assigns BB- (sf) Rating on Class E-R Notes
ICORECONNECT INC: Gets Final Approval to Use Cash Collateral
IF YOU PLEASE: Michael Carmel Named Subchapter V Trustee
IMPACT STAFFING: Case Summary & 20 Largest Unsecured Creditors
INDUSTRIAL HOLDCO: S&P Assigns 'B' ICR, Outlook Stable
INNOPHOS HOLDINGS: Moody's Cuts CFR to B3 & Alters Outlook to Neg.
INTEGRAL LEAPS: Case Summary & One Unsecured Creditor
INTEGRAL LEAPS: Seeks Chapter 11 Bankruptcy in California
IPS CORP: S&P Affirms 'B-' Issuer Credit Rating, Outlook Stable
J2KE INC: Seeks to Sell Coffee Franchise at Auction
JACKSONVILLE MOVING: Gets Extension to Access Cash Collateral
JAGUAR HEALTH: Signs Private Placement With Brown Stone Capital
JHRG MANUFACTURING: Gets Interim Approval to Use Cash Collateral
JJTA11 REAL: Seeks Chapter 11 Bankruptcy in Florida
JOSEPH PERRY JOINER: Sec. 1111(b) Election Valid in Subchapter V
JSG I INC: S&P Withdraws 'B-' Long-Term Issuer Credit Rating
JUBILEE HILLTOP: Court Extends Cash Collateral Access to Dec. 31
KANTAR GLOBAL: S&P Alters Outlook to Stable, Affirms 'B-' ICR
KIDDE-FENWAL INC: Files Amended Plan; Plan Hearing March 23, 2026
KIDTASTIC CONSULTING: Employs Gensburg Calandriello as Counsel
KPOWER GLOBAL: Taps Leverage Supply as Restructuring Officer
KRCM ASTORIA: Seeks Chapter 11 Bankruptcy in New York
KRONOS ACQUISITION: Nuveen Credit Marks $2.2MM Loan at 14% Off
L & D CAFE: Gets Final OK to Use Cash Collateral
LCPR LOAN: Nuveen Credit Marks $1.1MM Loan at 24% Off
LEGENCE HOLDINGS: Moody's Hikes CFR to 'B1', Outlook Stable
LEGENCE HOLDINGS: S&P Ups ICR to 'B+' on Debt Reduction After IPO
LIBERTY INTERACTIVE: Moody's Cuts CFR to 'Caa3', Outlook Negative
LIVE NATION: Moody's Rates Proposed Secured Loans 'Ba1'
LIVE NATION: S&P Rates New $1.3BB Senior Secured Term Loan 'BB'
LIVEONE INC: Appeals Nasdaq Delisting Following Reverse Split
LOS TRECE TEXAS: St. Amas Win Bid to Dismiss Bankruptcy Case
MARYLAND HEALTH: Case Summary & 13 Unsecured Creditors
MEDICAL SOLUTIONS: Nuveen Credit Marks $3.1MM 1L Loan at 44% Off
METROPOLIS TECHNOLOGIES: Moody's Assigns First Time 'B3' CFR
METROPOLIS TECHNOLOGIES: S&P Assigns 'B-' ICR, Outlook Stable
MIDWEST MOBILE: Amends Unsecureds & IRS Claims Pay Details
MILOVAN INC: Seeks Subchapter V Bankruptcy in California
MISSION LANE: Fitch Assigns 'Bsf' Rating on Class F Notes
MJD GLOBAL: Employs Florida Bankruptcy Group as Counsel
MJD GLOBAL: Hires Florida Bankruptcy Group as Legal Counsel
MJD GLOBAL: Section 341(a) Meeting of Creditors on November 3
MK RE HOLDINGS: Case Summary & 20 Largest Unsecured Creditors
MODIVCARE INC: Court Reschedules Chapter 11 Confirmation
MONTGOMERY TRANSPORT: Shuts Down, Plans to File Ch. 7 Bankruptcy
MP OCTOPUS: Gets Final OK to Use Cash Collateral
NATIONAL MENTOR: S&P Rates New $2.5BB Term Loan and Revolver 'B-'
NEEDSPACE VENTURE: Lender Seeks to Prohibit Cash Collateral Access
NEW FORTRESS: Nuveen Credit Marks $1.2MM Loan at 53% Off
NIX & NIX FUNERAL: Voluntary Chapter 11 Case Summary
NORTH AMERICAN CONSTRUCTION: DBRS Gives (P)BB(high) Credit Rating
NOVA AT SUMMER: Case Summary & 20 Largest Unsecured Creditors
NOVA LIFESTYLE: BVI Unit Closes Sale of 99.8% Stake in Preamble
OFFICE PROPERTIES: Misses $30.8M Interest on Senior Secured Notes
OFFSHORE SAILING: Court OKs Sailboat Sale to B. Crotty for $215K
OI SA: Announces Resignation of CFO, CEO
OTWO INC: Seeks Chapter 7 Bankruptcy in California
PARENTS TELEVISION: Seeks Chapter 7 Bankruptcy in Delaware
PARKERVISION INC: All Four Proposals OK'd at Annual Meeting
PHOENIX AVIATION: S&P Assigns 'B' ICR, Outlook Stable
PHOENIX COMMODITIES: Chapter 15 Case Summary
POOLE FUNERAL: Gets Final Approval to Use Cash Collateral
PORTSMOUTH SQUARE: $9.11M Loss in FY25; Going Concern Alleviated
PRESBYTERIAN HOMES: Ownership Interest Sale to Housing Part OK'd
PRESTON CONSULTING: Section 341(a) Meeting of Creditors on Nov. 10
PRESTON CYCLES: Section 341(a) Meeting of Creditors on November 10
PRO MACH: Moody's Rates New Secured First Lien Term Loan 'B2'
PROSPECT MEDICAL: Bankruptcy Plan Triggers Wave of Objections
PROSPECT MEDICAL: Secures Court OK for $45MM Yale Health Deal
PUERTO RICO: BlackRock, Franklin Reduce Stakes in PREPA Bonds
R&R TRANSPORT: Case Summary & 13 Unsecured Creditors
RACKSPACE FINANCE: Nuveen Credit Marks $6.5MM 1L Loan at 48% Off
RAS DATA: Court OKs Bid Rules for Rail Car Management Biz Sale
RENEWAL REALTY: Voluntary Chapter 11 Case Summary
RENHURST HOLDINGS: Section 341(a) Meeting of Creditors on Nov. 12
RETREAT AT JARRETT: Gets Interim OK to Use Cash Collateral
RICHERT FUNDING: Court Tosses Elkhorn, et al. Appeal
RITE AID: Denies Accusations of Violating CVS Transaction Terms
ROCK N CONCEPTS: Court OKs The Colony Property Sale to LMG Ventures
RONALD JINSKY: Inks Deal to Use FNBT's Cash Collateral
ROYAL G.L.S.: Seeks Chapter 11 Bankruptcy for 2nd Time
RUNITONETIME LLC: Plans to Sell Casinos, Other Properties in Ch. 11
RUNITONETIME LLC: Teamsters Local Seeks Review of Maverick Sale
SAFE & GREEN: Olenox Signs $3M Deal to Purchase Texas Property
SANUWAVE HEALTH: Appoints Daniel Coyle as Chief Operating Officer
SANUWAVE HEALTH: President Andrew Walko Terminated
SARASOTA SEAFOOD: Case Summary & 18 Unsecured Creditors
SARASOTA SEAFOOD: Seeks Subchapter V Bankruptcy in Florida
SCILEX HOLDING: $2.7M Warrant Exercise Yields 275K New Warrants
SECURECOMM TECHNOLOGIES: Hires Hoffman & Saweris as Counsel
SECURECOMM TECHNOLOGIES: Jarrod Martin Named Subchapter V Trustee
SEMECHKI LLC: Seeks Chapter 7 Bankruptcy in New York
SINCLAIR INC: Taps Ex-CFO Lucy Rutishauser as Consultant
SMITH'S BARBEQUE: Seeks Subchapter V Bankruptcy in Mississippi
SOUTHERN AUTO: Court Extends Cash Collateral Access to Nov. 1
SPIRIT AIRLINES: Secures Court OK on $200MM DIP, AerCap Lease Deal
SPIRIT AVIATION: Hires Davis Polk & Wardwell as Legal Counsel
SPIRIT AVIATION: Hires PJT Partners as Investment Banker
SPIRIT AVIATION: Taps Epiq Corporate as Administrative Agent
SPLASH BEVERAGE: Board Adopts 2025 Equity Incentive Plan
SPLASH BEVERAGE: Board Adopts Bylaws to Revise Quorum, Voting Rules
SRX HEALTH: Reports $15.1 Million Net Loss in Fiscal Q3
SS&C TECHNOLOGIES: $1.05BB Loan Add-on No Impact on Moody's Ba2 CFR
STAMFORD MANAGEMENTCO: Seeks Chapter 7 Bankruptcy in New York
STEELHOMES MODULAR: Case Summary & 20 Largest Unsecured Creditors
STERLION CREATIONS: Unsecureds to Get 2 Cents on Dollar in Plan
STS RENEWABLES: To Sell Drilling Business to 273 for $11.79MM
SWAHILI VILLAGE: Gets Interim OK to Use Cash Collateral
SYNECHRON HOLDINGS: S&P Affirms 'B+' ICR, Outlook Stable
T&H 115: Seeks Chapter 7 Bankruptcy in New York
TALEN ENERGY: Moody's Confirms Ba3 CFR & Alters Outlook to Negative
TEKNATOOL USA: Gets Extension to Access Cash Collateral
TELESAT LLC: Nuveen Credit Marks $1.1MM Loan at 36% Off
TOCO HOLDINGS: Seeks to Hire Andrews Myers as Legal Counsel
TRANSOCEAN LTD: Announces $243M in Exercised Options for Drillships
TRB SUPPLY: Gets Final OK to Use Cash Collateral
TRICO MILLWORKS: Gets Final OK to Use Cash Collateral
TRICOLOR AUTO: Stops Paying Rent Prior to Ch. 7, Landlords Say
TRIDENT EQUITIES: Section 341(a) Meeting of Creditors on Nov. 10
TURQUOISE LLC: Case Summary & 20 Largest Unsecured Creditors
TURQUOISE LLC: Seeks Subchapter V Bankruptcy in Iowa
UNITED CABINET: Case Summary & 20 Largest Unsecured Creditors
UNITI FIBER: Fitch Assigns 'BB-(EXP)sf' Rating on Class C Notes
VALLEY JUICE: Case Summary & 20 Largest Unsecured Creditors
VDR MULTIFAMILY: Section 341(a) Meeting of Creditors on November 14
VERIJET INC: Seeks Chapter 7 Protection w/ $10.5MM Jet Card Debts
VF CORP: S&P Withdraws 'B' Short-Term Issuer Credit Rating
VICTORIA'S KITCHEN: Seeks Cash Collateral Access Until Nov. 30
VOYAGER DIGITAL: Court Refuses to Toss Binance Suit Contract Claims
VSBROOKS INC: Gets Extension to Access Cash Collateral
WARRIORS BOXING: Seeks Chapter 7 Bankruptcy in Florida
WESTSIDE 1767: Seeks Chapter 7 Bankruptcy in New York
WESTSIDE TOW: Case Summary & 19 Unsecured Creditors
WESTSIDE TOW: Seeks Chapter 11 Bankruptcy in California
WFL BUILDERS: Seeks Chapter 11 Bankruptcy in New York
WHITTAKER CLARK: States Ask Court to Revisit Talc Liability Ruling
WILCOV HOLDINGS: Riverdale Property Sale to Curtis Thompson OK'd
WILDEC LLC: Case Summary & Five Unsecured Creditors
WIN WASTE: Moody's Affirms 'B3' CFR & Alters Outlook to Positive
WOLVERINE WORLD: S&P Raises $600MM Revolver Rating to 'BB-'
XTREME SPORTS: Scott Seidel Named Subchapter V Trustee
*********
1011778 BC: Moody's Affirms Ba3 CFR & Alters Outlook to Positive
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Moody's Ratings changed 1011778 B.C. Unlimited Liability Company's
("1011778 B.C.") outlook to positive from stable. At the same time,
Moody's affirmed the company's ratings, including its Ba3 corporate
family rating, Ba3-PD probability of default rating, Ba2 senior
secured first lien bank credit facilities ratings, Ba2 senior
secured first lien global notes ratings and B2 senior secured
second lien global notes ratings. 1011778 B.C.'s SGL-1 speculative
grade liquidity rating (SGL) remains unchanged. 1011778 B.C. is the
debt issuing subsidiary of parent company, Restaurant Brands
International Inc. (together, "RBI").
The outlook change to positive reflects governance considerations
particularly RBI's improved operating performance and credit
metrics, and Moody's expectations for meaningful further
improvement over the next 12-18 months as the company focuses on
de-leveraging through profitable growth and debt reduction. Despite
the difficult consumer spending and inflationary cost environment,
RBI's system-wide sales continue to expand as a result of positive
comparable sales and unit growth. When combined with effective cost
management, the company has reported positive organic adjusted
operating income growth that Moody's expects to continue over time.
RBI's Moody's adjusted debt/EBITDA fell below 5.5x as of June 2025
and Moody's expects this metric to improve below 5.0x over the next
12-18 months. In addition, liquidity remains very good, supported
by Moody's expectations that operating cash flow, balance sheet
cash and ample revolver availability will comfortably exceed all
internal cash requirements including mandatory amortization,
capital expenditures and dividends over the next 12-18 months.
RATINGS RATIONALE
RBI's Ba3 CFR benefits from its significant scale in terms of
global systemwide units and brand recognition with a diversified
portfolio of restaurant concepts, including Burger King, Popeyes,
Tim Hortons and Firehouse Subs. Although it acquired its largest
Burger King franchisee in May 2024, RBI's business model still
remains largely franchised focused, at over 90%, which provides
more stability to earnings and cash flow than peers who primarily
operate large numbers of restaurants. In addition, RBI's
diversified day part and food offerings and very good liquidity
also support the rating. RBI's rating is constrained by its high,
but improving, leverage and modest retained cash flow to debt as
well as the need to further execute its Reclaim the Flame plan to
sustainably improve the overall health of its Burger King system.
The change to CIS-3 from CIS-4 reflects the change in RBI's
governance score to G-3 from G-4. The new scores reflect Moody's
assessments that RBI's governance risk has improved given its focus
on further deleveraging through earnings growth and debt
reduction.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded should there be a sustained strengthening
of credit metrics through both earnings growth and debt reduction,
with Moody's-adjusted debt/EBITDA maintained below 5.0x and
EBIT/interest maintained above 3.0x. A higher rating would also
require the company's commitment to preserving credit metrics at
these levels at all times, and to maintaining very good liquidity
including solid positive free cash flow.
Ratings could be downgraded if the company experiences a material
deterioration in performance or liquidity, or should financial
policy turn more aggressive, leading to Moody's-adjusted
debt/EBITDA rising above 5.75x or EBIT to interest falling under
2.5x on a sustained basis.
1011778 B.C. Unlimited Liability Company is the debt issuing
subsidiary of parent company, Restaurant Brands International Inc.,
which owns, operates and franchises 32,229 restaurants globally
under the Burger King, Tim Hortons, Popeyes and Firehouse Subs
brands. Revenue approached $8 billion for the twelve month period
ended June 30, 2025 (excluding advertising revenue), although
systemwide sales are over $45 billion. 3G Restaurant Brands
Holdings LP, owns approximately 26% of the combined voting power
with respect to Restaurant Brands International Inc. (RBI) and is
affiliated with private investment firm 3G Capital Partners, Ltd.
The principal methodology used in these ratings was Restaurants
published in September 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
1270 JEFF: Seeks Chapter 11 Bankruptcy in New York
--------------------------------------------------
1270 Jeff LLC filed for Chapter 11 bankruptcy protection in the
U.S. Bankruptcy Court for the Eastern District of New York on
October 8, 2025. According to the filing, the company listed
liabilities ranging from $1 million to $10 million. 1270 Jeff LLC
indicated that it has between one and 49 creditors.
About 1270 Jeff LLC
1270 Jeff LLC is a single asset real estate company.
1270 Jeff LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 25-44868) on October 8, 2025. In its
petition, the Debtor reports estimated assets between $100,001 and
$1 million and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
23ANDME HOLDING: Files Second Amended Plan, Disclosure Statement
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Chrome Holding Co. f/k/a 23andMe Holding Co. disclosed in a Form
8-K Report filed with the U.S. Securities and Exchange Commission
that on September 24, 2025, the Debtors filed the First Amended
Joint Plan of Chrome Holding Co. and its Debtor Affiliates and a
related amended disclosure statement with the Court. On September
25, 2025, the Court held a hearing to consider, among other things,
approval of the Amended Proposed Disclosure Statement and approved
the Amended Proposed Disclosure Statement, subject to certain
modifications thereto.
On September 30, 2025, the Company and certain of its subsidiaries
filed the Second Amended Joint Plan of Chrome Holding Co. and its
Debtor Affiliates and a further Amended Disclosure Statement to
make certain changes requested at the Hearing.
As previously disclosed, on August 15, 2025, the Debtors filed with
the Court the Joint Plan of Chrome Holding Co. and its Debtor
Affiliates Pursuant to Chapter 11 of the Bankruptcy Code and a
related disclosure statement.
The Amended Proposed Plan, the Second Amended Proposed Plan, the
Amended Proposed Disclosure Statement and the Second Amended
Disclosure Statement have been updated to reflect, among other
terms:
(a) two additional classes of claims against the Debtors,
(b) a new settlement agreement between the Debtors and certain
litigation plaintiffs, and
(c) a toggle structure whereby the Chrome Debtors (as defined
in the Second Amended Proposed Plan) may enter into an Equity Sale
Transaction (as defined in the Second Amended Proposed Plan)
pursuant to which the Chrome Debtors may continue in existence,
reorganize, and/or reinstate or otherwise preserve the equity
interests of the Chrome Debtors in order to maximize the value of
their estates for the benefit of their stakeholders.
Although the Debtors intend to pursue the objectives and the terms
set forth in the Second Amended Proposed Plan and the Second
Amended Proposed Disclosure Statement, there can be no assurance
that the Court will approve the Second Amended Proposed Plan or
that the Debtors will be successful in consummating the
transactions set forth in the Second Amended Proposed Plan or any
similar transaction, on different terms or at all.
The Bankruptcy Code does not permit solicitation of acceptances of
a chapter 11 plan until the Court enters an order approving the
disclosure statement relating to the chapter 11 plan.
Accordingly, neither the Debtors' filing of the Second Amended
Proposed Plan and Second Amended Proposed Disclosure Statement, nor
this Current Report on Form 8-K, is a solicitation of votes to
accept or reject the Second Amended Proposed Plan. Any such
solicitation will be made pursuant to and in accordance with
applicable law, including orders of the Court.
Copies of the Amended Proposed Plan, the Amended Proposed
Disclosure Statement, the Second Amended Proposed Plan, and the
Second Amended Proposed Disclosure Statement are available at
https://tinyurl.com/5frjxeyp, https://tinyurl.com/mr2z6nbn,
https://tinyurl.com/5hesr9ar, and https://tinyurl.com/bdd2avha,
respectively.
About 23andMe Holding Co.
23andMe Holding Co. is a genetics-led consumer healthcare and
biotechnology company in San Francisco, Calif. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe and 11 affiliated debtors each filed a
voluntary petition for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mo. Lead Case No. 25-40976). 23andMe
disclosed $277,422,000 in total assets against $214,702,000 in
total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, Morgan, Lewis &
Bockius, LLP and Carmody MacDonald, PC serve as legal counsel to
the Debtors while Alvarez & Marsal North America, LLC serve as the
restructuring advisor. The Debtors tapped Reevemark, LLC and Scale
Strategy Operations, LLC as communications advisors and Kroll
Restructuring Administration Services, LLC as claims agent.
Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter LLP serve
as special local counsel, investment banker, and legal advisor to
the Special Committee of 23andMe's Board of Directors,
respectively.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Debtors'
Chapter 11 cases. The committee tapped Kelley Drye & Warren, LLP
and Stinson, LLP as legal counsel and FTI Consulting, Inc. as
financial advisor.
25 HOWELLS: Seeks Chapter 7 Bankruptcy in New York
--------------------------------------------------
On October 3, 2025, 25 Howells Corp. voluntarily filed for Chapter
7 bankruptcy in the Eastern District of New York. Court documents
show that the company’s liabilities in the range of $0 to
$100,000, with an estimated 1–49 creditors.
About 25 Howells Corp.
25 Howells Corp. is a single asset real estate company.
25 Howells Corp. sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-73828) on October 3,
2025. In its petition, the Debtor reports estimated assets and
liabilities
Honorable Bankruptcy Judge Sheryl P. Giugliano handles the case.
484 EMERALD: Seeks Chapter 11 Bankruptcy in New York
----------------------------------------------------
On October 8, 2025, 484 Emerald Development Corp. voluntarily filed
for Chapter 11 bankruptcy in the Eastern District of New York. The
company's petition shows debts estimated between $1 million and
$10 million. Court filings further reveal that 484 Emerald
Development Corp. reports 1 to 49 creditors.
About 484 Emerald Development Corp.
484 Emerald Development Corp. is a single asset real estate
company.
484 Emerald Development Corp. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-44877) on October
8, 2025. In its petition, the Debtor reports estimated assets up to
$100,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Jil Mazer-Marinohandles the case.
ADAMS HOMES: Fitch Affirms 'B+' LongTerm IDR, Outlook Stable
------------------------------------------------------------
Fitch Ratings has downgraded Adams Homes, Inc.'s unsecured RCF
rating to 'BB-' with a Recovery Rating of 'RR3' from 'BB+'/'RR1'
and affirmed its Long-Term Issuer Default Rating (IDR) at 'B+' and
senior unsecured notes at 'BB-'/'RR3'.
The RFC downgrade follows the recent amendment to the facility,
which removed the provision allowing lenders to secure their
interest upon default. With the springing lien provision removed,
Fitch considers the RCF unsecured in the recovery waterfall.
Previously, a variation from the criteria was made in rating Adams'
senior unsecured revolver 'BB+'/'RR1,' as the credit agreement
included a springing lien provision, which Fitch believed would be
triggered well ahead of distress. This would result in the
unsecured revolver becoming secured. The unsecured bond indenture
permits the revolver to be secured without ratably securing the
unsecured bonds. Under Fitch's "Corporates Recovery Ratings and
Instrument Ratings Criteria" unsecured debt instruments for issuers
rated 'B+' are capped at 'BB-'/'RR3'.
Key Rating Drivers
Limited Geographic Diversification: Adams is substantially less
geographically diversified than most U.S. homebuilders in Fitch's
portfolio. The company's concentration in the southeastern U.S.
exposes it to an outsized impact during cyclical downturns or a
significant decline in housing demand in the region. As of June 30,
2025, Adams had 147 active communities across seven states.
Elevated Leverage: Adams has limited rating headroom relative to
the net debt to capitalization negative rating sensitivity for the
'B+' IDR. Fitch-calculated net debt to capitalization, which
includes $200 million of shareholder loan and excludes $50 million
of cash classified by Fitch as not readily available for working
capital, was 56.8% as of June 30, 2025, slightly above Fitch's
negative sensitivity of above 55% for the 'B+' IDR. Fitch expects
this ratio to be below 55% at YE 2025. EBITDA leverage was 3.9x for
the LTM June 30, 2025, and Fitch projects this ratio will be
between 3.0x and 4.0x in 2025 and 2026. EBITDA leverage is strong
for the 'B+' IDR.
Management has a leverage target of total debt to capitalization
below 45% to which it has adhered to in recent years. However, the
company excludes the shareholder loan from its calculation. Fitch
expects Adams to use balance sheet cash and revolver borrowings to
replenish inventory and continue to grow its footprint, which
should keep Fitch-calculated net debt to capitalization steady
around 50% to 55% through YE 2026.
Lower Margins: Fitch expects EBITDA margins to fall by 130-180 bps
in 2025 and improve slightly in 2026. Elevated incentives and price
adjustments and higher land and labor costs will offset operating
leverage from higher home deliveries. EBITDA margins were 15.1% in
2024, 16.9% in 2023, and 18.4% in 2022.
Financial Flexibility: Adams has sufficient liquidity in cash,
revolver availability and funds from operations (FFO) to replenish
its existing land portfolio and support modest growth. Fitch's
rating case forecast does not incorporate sizable shareholder
distributions in the intermediate term but assumes modest reduction
of its shareholder loan.
Entry-Level Focus: Adams sells homes targeting entry-level
segments. This strategy has resulted in strong operating
performance and order growth in recent years as home affordability
constraints have led to higher demand for reasonably priced product
offerings. Fitch expects demographic trends to continue to support
long-term demand for entry-level homes. However, demand at lower
price points can be more cyclical and volatile, as first-time
buyers are more sensitive to higher mortgage rates and home prices
and deteriorating economic conditions.
Land Strategy: Adams' land strategy reduces the risk of volatility
and impairment charges in a contracting housing market partly due
to the company's strategy of only purchasing developed lots. As of
June 30, 2025, Adams controlled 12,395 lots, including homes in
backlog, representing a 6.6% YoY increase in total lots controlled.
About 64% of lots under control were owned, and the remainder were
controlled through options. Based on LTM closings, Adams controlled
3.9 years of land and owned 2.5 years.
Ownership Structure: Adams is privately held, with concentrated
ownership and weak governance controls relative to larger, public
homebuilders under Fitch's coverage. Capital allocation decisions
are made by one individual, which poses significant key-person
risk. The company's credit agreement and bond indentures contain
restrictive covenants that protect debtholders, but sizable cash
distributions could weaken the balance sheet and pressure the
ratings.
Cash Flow: Fitch expects Adams to generate neutral cash flow from
operations (CFO) in 2025 following negative CFO of $39 million in
2024 as the company ramped up land and development spending as well
as higher spec activity. Fitch expects Adams to generate flat to
slightly negative CFO in 2026 as the company continues to grow its
operations. Adams' IDR reflects Fitch's expectation that management
will reduce inventory spending if market conditions deteriorate and
monetize its housing inventory. This should allow the company to
generate strong cash flow, which can then be used to pay down debt
or build cash during housing downturns.
Housing Market Remains Challenged: Fitch expects the housing market
to remain weak during the remainder of 2025, as low housing
affordability, low consumer confidence, and a weak economic
backdrop will keep housing demand constrained. Higher-for-longer
mortgage rates and elevated home prices will challenge
affordability. However, homebuilders' ability to adjust product
offerings and offer mortgage rate buydowns will make new homes an
attractive alternative for potential homebuyers. Fitch expects a
slight improvement in housing activity in 2026.
Peer Analysis
Adams Homes is smaller than STL Holding Company, LLC (dba DSLD
Homes; B+/Stable) and Dream Finders Homes (BB-/Positive). Adams is
more geographically diversified than DSLD Homes.
Adams has a similar EBITDA margin profile as Dream Finders but has
higher EBITDA leverage and net debt to capitalization than Dream
Finders and DSLD Homes. All three issuers build a moderate amount
of speculative homes and have significant exposure to entry-level
homes, but both DSLD and Dream Finders has greater exposure to
other price points and buyer segments.
Key Assumptions
- Revenue rises in the low-single digits in 2025 and mid-single
digits in 2026;
- EBITDA margin of 13.3%-13.8% in 2025 and 13.5%-14% in 2026;
- CFO neutral in 2025 and neutral to slightly negative in 2026;
- Net debt to capitalization of 53%-54% at YE 2025 and around 50%
at YE 2026;
- EBITDA leverage of 3.5x-4.0x in 2025 and 3.0x-3.5x in 2026;
- No shareholder distributions during the forecast period.
Recovery Analysis
Key Recovery Rating Assumptions
The recovery analysis assumes that Adams would be reorganized as a
going concern (GC) rather than liquidated in a recovery scenario;
Fitch has assumed a 10% administrative claim;
Fitch has assumed an enterprise value (EV) multiple of 5.5x.
GC Approach
The GC EBITDA estimate of $100 million reflects Fitch's view of a
post-restructuring sustainable level of EBITDA on which the agency
bases the EV. The GC EBITDA is based on Fitch's assumption that
distress could result from weakening in the housing market combined
with loss of market share in key markets.
Fitch estimates annual revenues of $875 million (22% lower than
2024 revenues) and EBITDA margin of 11.5% (about 360 bps below
2024) would capture the lower revenue base of the company after a
housing downturn, plus a sustainable margin profile post
restructuring. The GC EBITDA is 36% lower than LTM June 30, 2025,
EBITDA.
Fitch applies a 5.5x GC EBITDA multiple to calculate the
post-reorganization EV. The choice of the multiple considers the
following factors:
Fitch used a 5.5x multiple to calculate the EV of DSLD Homes. DSLD
Homes is the 24th-largest homebuilder by deliveries with operations
in Louisiana, northwest Florida, Alabama, Mississippi and east
Texas. Fitch used a 6.0x multiple to calculate the EV for Empire
Communities Corp. (Empire; B-/Stable). Empire is one of the largest
low-rise builders in the Greater Golden Horseshoe and Greater
Toronto areas and has a growing presence in the U.S.
Trading multiples (EV/EBITDA) for public homebuilders have ranged
between 5.5x and 8.5x over the past 24 months,
Fitch assumes the RCF will be 70% drawn at the time of recovery,
which accounts for potential shrinkage in the available borrowing
base during a period of weaker demand and contracting inventory
levels that causes a default.
The allocation of the value in the liability waterfall results in a
recovery corresponding to an 'RR2' for the unsecured RCF and
unsecured notes. However, for issuers with an IDR of 'B+' or lower,
unsecured debt instruments are capped at 'RR3'/+1, resulting in a
'BB-' rating with a Recovery Rating of 'RR3' for the unsecured
revolver and senior unsecured notes.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Net debt to capitalization sustained above 55%;
- EBITDA interest coverage falls below 2.0x;
- EBITDA leverage sustainably above 4.5x;
- Inventory to debt consistently below 1.2x;
- Deterioration in the company's liquidity profile, including
consistently negative CFO and limited availability under its RCF.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- The company increases its size, further enhances its geographic
diversification and market leadership positions, and broadens its
product offering beyond the entry-level subsector;
- Net debt to capitalization is consistently below 45% and it
maintains a healthy liquidity position;
- Fitch's expectation that EBITDA leverage will sustainably below
4.0x.
Liquidity and Debt Structure
As of June 30, 2025, Adams had ample liquidity with $132.2 million
of cash on the balance sheet and no borrowings outstanding under
its $325 million RCF. The company recently extended the maturity of
its revolver from July 2026 to September 2028. Fitch expects this
level of liquidity to provide Adams with enough liquidity to
continue to grow its lot position and enhance its footprint.
The company has a well-laddered debt maturity schedule. The
company's $400 million 9.25% senior notes mature in October 2028.
As of June 30, 2025, Adams also had industrial revenue bonds of
$3.7 million and $3.1 million due November 2028 and May 2032,
respectively.
Issuer Profile
Adams Homes designs, markets, constructs and sells single-family
homes and attached townhomes to entry-level buyers. Adams is one of
the largest private homebuilders in the U.S., with operations
concentrated in the Southeast.
Summary of Financial Adjustments
Historical and projected EBITDA is adjusted to add back interest
expense included in cost of sales and also excludes impairment
charges, land option abandonment costs and a portion of the annual
shareholder distribution, which was reported in SG&A expense.
Fitch classifies the $200 million shareholder loan as debt.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
data file which aggregates key data points used in its credit
analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
Adams Homes, Inc. has an ESG Relevance Score of '4' for Governance
Structure due to its weak governance controls, which has a negative
impact on the credit profile, and is relevant to the rating[s] in
conjunction with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Adams Homes, Inc. LT IDR B+ Affirmed B+
senior unsecured LT BB- Affirmed RR3 BB-
senior unsecured LT BB- Downgrade RR3 BB+
ADF CONSTRUCTION: Case Summary & 16 Unsecured Creditors
-------------------------------------------------------
Debtor: ADF Construction of Indiana, LLC
12125 E. 65th Street
#36191
Indianapolis 46236
Case No.: 25-06145
Business Description: ADF Construction of Indiana, LLC provides
residential building construction services,
including custom homebuilding, remodeling,
and home additions. The Company operates
primarily in Indianapolis, Indiana, and
serves the surrounding metropolitan area.
Chapter 11 Petition Date: October 8, 2025
Court: United States Bankruptcy Court
Southern District of Indiana
Judge: Hon. James M Carr
Debtor's Counsel: Jeffrey Hester, Esq.
HESTER BAKER KREBS LLC
One Indiana Sq Suite 1330
Indianapolis, IN 46204
Tel: 317-833-3030
Email: jhester@hbkfirm.com
Total Assets: $3,818,553
Total Liabilities: $2,198,038
The petition was signed by Craig Finke as member.
A full-text copy of the petition, which includes a list of the
Debtor's 16 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KVMN4TY/ADF_Construction_of_Indiana_LLC__insbke-25-06145__0001.0.pdf?mcid=tGE4TAMA
AFRITEX VENTURES: Seeks to Sell Seafood Business at Auction
-----------------------------------------------------------
Afritex Ventures, Inc., seeks permission from the U.S. Bankruptcy
Court for the Northern District of Texas, Fort Worth Division, to
sell substantially all Assets at auction, free and clear of liens,
claims, interests, and encumbrances.
The Debtor, a Texas corporation established in 2017, is a
diversified company specializing in the seafood industry. Its
retail operations focus on the development and commercialization of
innovative, value-added seafood products under various food brands.
The portfolio spans from raw seafood to prepared dishes, including
private label offerings for retail partners. The Debtor engages
with USA-based retailers, focusing on the importation and
distribution of fresh and frozen seafood products. Over the years,
the company has evolved from a traditional producer-importer model
to a more diversified operation, adapting to market fluctuations
and consumer demands.
As part of the Debtor's liquidation plan, the Debtor is pursuing a
sale of substantially all of its assets, primarily consisting of
inventory, intellectual property, goodwill, accounts receivable,
customer
lists, sales and marketing platforms, work in progress and finished
goods, as well as miscellaneous
furniture and equipment.
The Debtor's directors have undertaken efforts to market the Assets
to other parties in the industry. In fact, the Debtor was
substantially down the road negotiating a potential sale with
Genesis Food Products, Inc., the party that the Debtor entered into
a License Agreement and Management Services Agreement in
anticipation such sale and in order to bridge the gap with vendors
who did not want to do business with a company.
The Debtor seeks the authority to conduct an auction for bids for
the purchase of substantially all of the Debtor's assets.
The Bidding Procedures proposed herein will provide for an open and
competitive bidding process for the Assets. The Debtor is
proceeding in good faith and will make a showing at the Sale
Hearing that the purchaser of the Assets has acted in good faith.
The Debtor proposes that all liens, claims and encumbrances
asserted against the Assets be transferred and attach to the sale
proceeds.
The Debtor has conducted a UCC search to determine possible
lienholders of the Debtor's Assets in conjunction with the proposed
sale of the Assets.
The Debtor proposes to provide the Stalking Horse Bidder bid
protection in the form of a break-up fee in the amount of
$41,250.00, which equals 3% of the initial cash purchase price plus
a maximum of $20,000 reimbursement of fees and expenses incurred in
pursuing this purchase, for a total of less than 4.5% of the
initial cash purchase price.
The Break-up Fee is payable if the Stalking Horse Bidder is not
selected as the Successful Bidder at the conclusion of the Auction.
The ability of the Debtor to offer the Break-Up Fee to the Stalking
Horse Bidder is beneficial to the Debtor’s estate and creditors
because the Debtor can provide the incentive required to induce a
bidder to submit or increase its Bid. Thus, even if the Stalking
Horse Bidder is awarded a Break-Up Fee because the Stalking Horse
Bidder does not become the Successful Bidder, the Debtor and the
estate will have benefited from the higher floor established by
such Stalking Horse Bid.
In the present case, the Break-Up Fee payable in the event that the
Stalking Horse Bidder is outbid at the Auction is proposed to be
$41,250.00, which equals 3% of the initial cash purchase price plus
a maximum of $20,000 reimbursement of fees and expenses, for a
total of less than 4.5% of the initial cash purchase price.
As part of the sale transaction the Debtor requests approval of a
procedure for the assumption and then assignment of executory
contracts and unexpired leases to the Successful Bidder.
About Afritex Ventures, Inc.
Afritex Ventures is a diversified investment holding company
specializing in the seafood industry. Headquartered in Dallas, the
Company develops and markets premium seafood products under
multiple brands.
Afritex Ventures, Inc. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No.
24-43390) on September 22, 2024, listing $1 million to $10 million
in assets and $1 million to $50 million in liabilities. The
petition was signed by David J. Diamond as director.
Judge Edward L Morris presides over the case.
Vickie L. Driver, Esq. at CROWE & DUNLEVY, P.C. represents the
Debtor as counsel.
AGDP HOLDING: Orrick & Morris James Represent UCC
-------------------------------------------------
In the Chapter 11 bankruptcy cases of AGDP Holding, Inc. and its
debtor-affiliates, Orrick, Herrington & Sutcliffe LLP and Morris
James LLP filed with the United States Bankruptcy Court for the
District of Delaware a Verified Statement pursuant to Bankruptcy
Rule 2019 to inform the Court that both firms represent the
Official Committee of Unsecured Creditors.
The United States Trustee for Region 3 appointed seven Committee
members pursuant to Sections 1102(a) and (b) of the Bankruptcy
Code. The members are (i) Heini Limited Liability Company; (ii)
Nova Traffic AG; (iii) Gateway Productions, Inc.; (iv) Lauren Bair;
(v) Aaron Clevenger c/o Wasserman Music LLC; (vi) Christie Lites
New York LLC; and (vii) Nightmode Video, Inc.
The name and address of each member of the Committee and each
member’s disclosable economic interests, as defined in Bankruptcy
Rule 2019, in relation to the Debtors, are:
1. Heini Limited Liability Company
348 Gates Ave.
Brooklyn, NY 11216
* Unsecured trade claim of at least $2,358,089.90 plus any
administrative expense claims for postpetition goods and/or
services (if applicable) incurred from the Petition Date through
the
Formation Date.
2. Nova Traffic AG
Oberfeldstrasse 14 8302 Kloten
(Zurich Airport) Switzerland
* Unsecured trade claim of at least $622,854.79 plus any
administrative expense claims for postpetition goods and/or
services (if applicable) incurred from the Petition Date through
the Formation Date.
3. Gateway Productions, Inc.
10 Mulliken Way
Newburyport, MA 01950
* Unsecured trade claim of at least 2,067,007.56 plus any
administrative expense claims for postpetition goods and/or
services (if applicable) incurred from the Petition Date through
the Formation Date.
4. Lauren Bair
c/o Squitieri & Fearon, LLP
205 Hudson St, 7th Fl
New York, NY 10013
* Unsecured litigation claims of $649.00, individually.
* Unsecured litigation claims of $13,398,433.00, individually
and on behalf of all ticket buyers to EZoo 2023 Festival.
5. Aaron Clevenger c/o Wasserman Music LLC
10900 Wilshire Blvd.
Los Angeles, CA 90024
* Unsecured trade claim of at least $2,000,000.00 plus any
administrative expense claims for postpetition goods and/or
services (if applicable) incurred from the Petition Date through
the Formation Date; plus any claims for rejection damages to the
extent not reflected in the foregoing amounts.
6. Christie Lites New York LLC
6990 Lake Ellenor Dr
Orlando, FL 32809
* Unsecured trade claim of at least $596,418.93 plus any
administrative expense claims for postpetition goods and/or
services (if applicable) incurred from the Petition Date through
the Formation Date; plus any claims for rejection damages to the
extent not reflected in the foregoing amounts.
7. Nightmode Video, Inc.
c/o Anthony J. Centone, P.C.
Attorney at Law
1950 E. Main Street, S. 205A
Mohegan Lake, NY 10547
* Unsecured trade claim of at least $574,000 plus any
administrative expense claims for postpetition goods and/or
services (if applicable) incurred from the Petition Date through
the Formation Date.
The firms may be reached at:
Eric J. Monzo, Esq.
Siena B. Cerra, Esq.
MORRIS JAMES LLP
3205 Avenue North Blvd., Suite 100
Wilmington, DE 19803
Telephone: (302) 888-6800
Facsimile: (302) 571-1750
E-mail: emonzo@morrisjames.com
scerra@morrisjames.com
- and -
Mark Franke, Esq.
Nicholas Poli, Esq.
Brandon Batzel, Esq.
Ari Roytenberg, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
51 West 52nd Street
New York, NY 10019-6142
Telephone: (212) 506-5000
Facsimile: (212) 506-5151
E-mail: mfranke@orrick.com
npoli@orrick.com
bbatzel@orrick.com
aroytenberg@orrick.com
- and -
Nick Sabatino, Esq.
400 Capital Mall, Suite 3000
Sacramento, CA 95814
Telephone: (916) 447-9200
Facsimile: (916) 329-4900
E-mail: nsabatino@orrick.com
About AGDP Holding Inc.
AGDP Holding Inc. and its affiliates operate a multi-space
entertainment venue complex in North America, hosting large-scale
live events such as concerts, festivals, corporate functions, and
multimedia shows. The Debtors are known for their advanced
audiovisual production capabilities, including a 2022 upgrade
featuring one of the world's highest-resolution video walls.
AGDP Holding Inc. and its affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-11446)
on August 4, 2025. In the petitions signed by Gary Richards, ADGP's
chief executive officer, AGDP Holding disclosed up to $100 million
in estimated assets and up to $500 million in estimated
liabilities.
The Honorable Bankruptcy Judge Mary F. Walrath handles the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
Portage Point Partners' Triple P TRS, LLC as financial advisor; and
Triple P Securities, LLC as investment banker. Kurtzman Carson
Consultants, LLC, doing business as Verita Global, is the Debtors'
claims and noticing agent.
On August 18, 2025, the United States Trustee for Region 3
appointed an official committee of unsecured creditors in these
Chapter 11 cases. The committee tapped Orrick, Herrington &
Sutcliffe LLP and Morris James LLP as counsel and IslandDundon LLC
as financial advisor.
AHERMAN LLC: Seeks Chapter 11 Bankruptcy in New York
----------------------------------------------------
On October 10, 2025, AHERMAN LLC voluntarily filed for Chapter 11
bankruptcy in the Eastern District of New York. The bankruptcy
petition lists liabilities between $10 million and $50 million. The
company reported having 1 to 49 creditors.
About AHERMAN LLC
AHERMAN LLC is a limited liability company.
AHERMAN LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 25-44912) on October 10, 2025. In
its petition, the Debtor reports estimated sssets between $1
million and $10 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtor is represented by J Ted Donovan, Esq., of Goldberg
Weprin Finkel Goldstein LLP.
ALEON METALS: Gets Court OK for $187.5MM Sale w/ Creditor Deal
--------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that on
Wednesday, October 8, 2025, a Texas bankruptcy judge authorized
Aleon Metals to sell its assets to a secured creditor for $187.5
million. The court approval followed notice that the debtor had
reached settlements with environmental authorities and unsecured
creditors.
The sale is backed by Aleon's prepetition bondholders, who are
acting as the stalking-horse bidder and have pledged the same
amount in debtor-in-possession financing, the report states.
About Aleon Metals LLC
Aleon Metals, LLC own and operate a multipurpose solid waste
disposal facility in Freeport, Texas, specializing in the
extraction and refinement of metals used in the energy industry.
They focus on processing spent catalysts from petroleum refining to
recover vanadium and molybdenum, which have a range of chemical
and industrial applications. The Debtors are also developing a
hydrometallurgical recycling process for lithium-ion batteries that
would convert aluminum waste from its catalyst recycling operations
into battery-grade materials for cathode production.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 25-90305) on August
17, 2025. In the petition signed by Roy Gallagher, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Christopher M. Lopez oversees the case.
The Debtors tapped Morrison & Foerster, LLP as bankruptcy counsel;
Norton Rose Fulbright US, LLP as local counsel; Ankura Consulting
Group, LLC as restructuring and financial advisor; Jefferies, LLC
as investment banker; and Stretto, Inc. as claims and noticing
agent.
ALIERA COMPANIES: Zoe Capital Loses Bid to Set Aside Default Order
------------------------------------------------------------------
Judge James R. Sacca of the United States Bankruptcy Court for the
Northern District of Georgia denied the motion filed by Zoe Capital
Financial and Insurance Services, Inc. to set aside the default
judgment in the adversary proceeding captioned as ALIERA LT, LLC,
AS LIQUIDATING TRUSTEE FOR THE ALIERA COMPANIES, INC. d/b/a ALIERA
HEALTHCARE INC., et al., Plaintiffs, v. ZOE CAPITAL FINANCIAL AND
INSURANCE SERVICES, INC., Defendant, Adversary Proceeding No.
24-05035 (Bankr. N.D. Ga.).
Aliera LT, LLC, as Liquidating Trustee for The Aliera Companies,
Inc. D/B/A Aliera Healthcare Inc., and Neil F. Luria, in his
capacity as the Trustee of the Sharity Ministries, Inc. Liquidating
Trust, sued Zoe Capital on February 15, 2024, seeking, among other
things, the return of $376,000 of commissions paid to Defendant by
Aliera on the grounds they were fraudulent transfers, but also
damages for conspiracy, aiding and abetting breach of fiduciary
duty and violation of Georgia RICO, in which treble damages were
sought.
On June 20, 2024, Plaintiffs filed a Motion for Entry of Default
Judgment against Defendant, which was served by regular mail on
Heather Retsky Tax Prep, Inc., as registered agent.
On September 5, 2024, Plaintiffs filed an Amended Motion for
Default Judgment to limit the relief to certain counts involving
avoiding and recovery of fraudulent transfers that were core
proceedings on which this Court could enter a final judgment, while
withdrawing the state law tort claims that are non-core proceedings
on which the Court could not enter a final judgment. The Amended
Motion for Default Judgment was served on Heather Retsky, as
registered agent for Defendant. Despite being present during the
Status Conference and having knowledge of the adversary proceeding
against Zoe Capital, Sean Wheelus did not take any other action in
the instant case until October of 2024.
On September 13, 2024, the Court entered a Default Judgment against
Defendant for $376,472.33, plus costs and post-judgment interest at
the legal rate. The Default Judgment was also served on Heather
Retsky, as registered agent for Defendant.
A little less than a month later, on October 10, 2024, Wheelus, pro
se, sent a letter to the Court asking it to reconsider the Default
Judgment. The Plaintiffs filed a response in opposition two weeks
later, and on November 6, 2024, the Court entered an order denying
the motion for reconsideration and advising Wheelus that the Court
could not consider his request because Zoe Capital, a corporation,
can only appear in Court through a lawyer.
More than five months later, and about seven months after the entry
of the Default judgment, Defendant finally filed a request to set
aside the Default Judgment through a lawyer.
Defendant argues that the Default Judgment must be set aside
because:
(a) under Fed. R. Civ. P. 60(b)(4) service was allegedly
insufficient;
(b) Rule 55(b)(2) required service on Wheelus after he entered
his appearance as Defendant's representative;
(c) Rules 60(b)(1) and (3);
(d) Defendant's failure to respond was justified due to its lack
of receiving service of the summons and complaint;
(e) Wheelus's attendance at the Status Conference shows he did
not fail to respond to the Complaint; and
(f) under Rule 60(b)(6) exceptional circumstances exist to
warrant setting aside the Default Judgment.
According to the Court, none of these arguments are persuasive.
The Court finds it perfectly reasonable to conclude that Defendant
exhibited a reckless disregard for the judicial proceedings, which
would be sufficient on its own to bar him from relief under Civil
Rules 55(c) and 60(b)(1).
Because Zoe Capital (1) had notice that this adversary proceeding
was pending against it, (2) failed to inquire about or participate
in the case in any capacity beyond Wheelus merely announcing his
presence at the Status Conference, (3) has not shown beyond a mere
self-serving statement in Wheelus's Affidavit that it did not
receive a copy of the Summons and Complaint, and (4) took nearly
seven months to move to set aside the Default Judgment through
counsel, the Court finds that Zoe Capital has not demonstrated a
good reason for relief from the Default Judgment.
The main issues in this case are whether Plaintiff has provided
sufficient proof of service and whether Heather Retsky was Zoe
Capital's registered agent. The Court finds the record favors the
Plaintiff such that the Motion must be denied under Civil Rule
60(b)(4).
Zoe Capital contends that Heather Retsky was not in fact Zoe
Capital's registered agent, and service was improper for that
reason. Despite this contention, the record shows otherwise. Zoe
Capital has not contradicted the Plaintiff's affidavit establishing
that Heather Retsky was in fact Zoe Capital's registered agent.
Because Zoe Capital has not made any showing that it did not
receive service of process in this case, the Court shall deny its
request to set aside the Default Judgment under Civil Rule
60(b)(4).
Because Zoe Capital cannot show either a good reason for its delay
in defending itself or lack of prejudice to the Plaintiff, the
Court finds that relief under Civil Rule 60(b)(1) is not warranted
in this case.
The Court finds that Zoe Capital has not sufficiently established
its entitlement to relief under Civil Rules 55(c) and 60(b), which
are applicable to this case through Bankruptcy Rules 7055 and
9024(a) respectively. Accordingly, Zoe Capital's Motion is denied.
A copy of the Court's Opinion is available at
http://urlcurt.com/u?l=pQHVW8
About Aliera Cos. Inc.
Aliera Cos. Inc. is focused on providing a full spectrum of
revolutionary options and services to a multitude of industries
that fit every need and budget. The company provides services to
support its subsidiaries, which focus on the unique aspects of the
health care industry.
Plaintiffs in a case -- docketed as Hanna Albina and Austin
Willard, individually and on behalf of others similarly situated,
Plaintiffs, v. The Aliera Companies, Inc., Trinity Healthshare,
Inc. and Oneshare Health, LLC Unity Healthshare, LLC, Case No.
20-CV-00496, (E.D. Ky., Dec. 11, 2020) -- filed an involuntary
petition under Chapter 11 of the Bankruptcy Code against Aliera
(Bankr. D. Del. Case No. 21-11548) on Dec. 5, 2021.
Joseph H. Huston, Jr., Esq., of Stevens & Lee, P.C., is the
petitioners and plaintiffs' counsel.
On Dec. 21, 2021, Aliera filed a voluntary Chapter 11 petition
(Bankr. N.D. Ga. Case No. 21-59493), disclosing assets of $1
million to $10 million and liabilities of $500 million to $1
billion. Advevo LLC and three other Aliera affiliates -- Ensurian
Agency LLC, Tactic Edge Solutions LLC and USA Benefits &
Administrators LLC -- also filed voluntary
Chapter 11 petitions on Dec. 21, 2021.
On Jan. 25, 2022, the petitioning creditors obtained an order
granting their motion to transfer the voluntary Chapter 11 cases to
the Delaware Bankruptcy Court, which has been overseeing the
liquidation of Aliera's affiliated corporation, Trinity
Healthshare, Inc., now known as Sharity Ministries, Inc.
On Feb. 16, 2022, Judge John T. Dorsey of the Delaware Bankruptcy
Court ordered the consolidation of Aliera's voluntary Chapter 11
proceeding with the involuntary case filed by the petitioning
creditors (with Case No. 21-11548 being the surviving case number)
and terminated the company's voluntary proceeding.
Meanwhile, Judge Dorsey ordered the joint administration of the
involuntary proceeding and the four other voluntary cases filed by
the Aliera affiliates, with Case No. 21-11548 as the lead
bankruptcy case.
The Debtors tapped J. Robert Williamson, Esq., at Scroggins &
Williamson, P.C. and Monzack Mersky and Browder, PA as bankruptcy
counsels; SeatonHill Partners, LP as financial advisor; and Katie
Goodman, managing member of GGG Partners, LLC, as chief liquidation
officer. Epiq Corporate Restructuring, LLC is the claims and
noticing agent and administrative advisor.
The U.S. Trustee for Region 3 appointed an official committee of
unsecured creditors on Feb. 21, 2022. The committee is represented
by Greenberg Traurig, LLP.
ALL MOMS: Seeks Chapter 11 Bankruptcy in Indiana
------------------------------------------------
On October 3, 2025, All Moms Love LLC initiated a voluntary Chapter
11 bankruptcy case in the Southern District of Indiana. Court
documents indicate that the company's total liabilities listed in
the $0 to $100,000 range. The filing notes that ALL MOMS LOVE, LLC
has between 1 and 49.
About All Moms Love LLC
All Moms Love LLC is a limited liability company.
All Moms Love LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-06074) on October 3,
2025. In its petition, the Debtor reports estimated assets between
$100,001 and $1 million and estimated liabilities up to $100,000.
Honorable Bankruptcy Judge Jeffrey J. Graham handles the case.
ALL PHASE: Gets Interim OK to Use Cash Collateral Until Dec. 2
--------------------------------------------------------------
All Phase Solutions, LLC received another extension from the U.S.
Bankruptcy Court for the Southern District of Florida, West Palm
Beach Division, to use cash collateral to fund operations.
The court issued a second interim order authorizing the Debtor to
use cash collateral through December 2 consistent with its budget.
The Debtor must not exceed budgeted expenses by more than 10% per
line item or in total unless authorized by the court or its
lenders.
The Debtor projects total monthly operational expenses of
$285,000.
As adequate protection for the Debtor's use of their cash
collateral, lenders will be granted valid, perfected liens on the
Debtor's post-petition cash receipts.
The replacement liens will have the same priority and extent as the
lenders' pre-bankruptcy liens but junior to U.S. trustee fees,
court costs, and approved professional fees.
The next hearing is scheduled for December 2.
The Debtor's cash collateral is encumbered by liens from three
lenders: JPMorgan Chase Bank, a traditional secured lender owed
$104,184; Argonaut Insurance Company, holder of a $406,863 note
from a performance bond-related project; and CFS CAP, LLC, a
merchant cash advance firm that sweeps 5% of the Debtor's bank
deposits weekly under a 2023 agreement.
As of the bankruptcy filing date, the Debtor had about $23,000 in
unencumbered cash outside of the control accounts.
All Phase Solutions LLC
Based in Boca Raton, Fla., All Phase Solutions, LLC provides
services including construction, demolition, environmental
remediation, civil works, uniform production, and security
staffing, primarily to U.S. government agencies.
All Phase Solutions sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-19745) on August 22,
2025, listing up to $10 million in assets and liabilities. Saleh
Rabah, president of All Phase Solutions, signed the petition.
Judge Mindy A. Mora oversees the case.
Aaron Wernick, Esq., at Wernick Law PLLC, represents the Debtor as
legal counsel.
ALTMAN & NELSON: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Altman & Nelson Printing Co. Inc. received interim approval from
the U.S. Bankruptcy Court for the Southern District of Texas,
Victoria Division, to use cash collateral to fund operations.
The interim order authorized the Debtor to use cash collateral
through October 31 consistent with its budget. The Debtor may use
cash collateral up to 105% of each budgeted expense, provided total
monthly spending does not exceed 5% of the overall budget.
The Debtor projects total cash disbursements of $28,554.21.
As adequate protection, secured creditors will be granted
replacement liens on post-petition cash collateral and newly
acquired property of the Debtor, with the same priority and scope
as their pre-bankruptcy liens. The replacement liens do not apply
to Chapter 5 causes of action and are subject and subordinate to
the fee carveout.
The Debtor's authority to use cash collateral automatically
terminates upon occurrence of certain events, including case
dismissal or conversion to Chapter 7; appointment of a trustee;
expiration of the order without extension; or a material breach
such as noncompliance with the approved budget. In the event of
default, any party may notify the Debtor and seek expedited relief
from the court.
A final hearing is scheduled for October 30.
According to a UCC lien search, several entities may hold security
interests in the Debtor's assets, including the U.S. Small Business
Administration, First Financial, Office Systems Center, and Funding
Metrics, LLC.
The Debtor had $2,077 in cash and $7,790 in accounts receivable on
the filing date. It also owns a vehicle valued at $70,000 and
leases equipment worth approximately $12,000.
The interim order is available at https://is.gd/Dmzrlr from
PacerMonitor.com.
About Altman & Nelson Printing Co. Inc.
Altman & Nelson Printing Co. Inc. sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S. D. Tex. Case No.
25-60091) on October 1, 2025. In the petition signed by Felicia
Ramirez, chief executive officer, the Debtor disclosed up to
$500,000 in assets and up to $1 million in liabilities.
Judge Christopher M. Lopez oversees the case.
Robert C Lane, Esq., at The Lane Law Firm, represents the Debtor as
legal counsel.
ALTMAN & NELSON: Jarrod Martin Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Region 7 appointed Jarrod Martin, Esq., a
practicing attorney in Houston, as Subchapter V trustee for Altman
& Nelson Printing Co., Inc.
Mr. Martin will be paid an hourly fee of $650 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Martin declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jarrod B. Martin, Esq.
1200 Smith Street, Suite 1400
Houston, TX 77002
Phone: 713-356-1280
Email: JBM.Trustee@chamberlainlaw.com
About Altman & Nelson Printing Co.
Altman & Nelson Printing Co., Inc. sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Case No.
25-60091) on October 1, 2025, with $100,001 to $500,000 in assets
and $500,001 to $1 million in liabilities.
Judge Christopher M. Lopez presides over the case.
Robert C. Lane, Esq., at The Lane Law Firm represents the Debtor as
bankruptcy counsel.
AMC ENTERTAINMENT: S&P Raises Senior Secured Notes Rating to 'B'
----------------------------------------------------------------
S&P Global Ratings raised its issue-level rating on AMC
Entertainment Holdings Inc.'s (AMCEH) $857 million senior secured
notes due 2029 to 'B' from 'B-' and revised the recovery rating to
'1' from '2'. The '1' recovery rating indicates its expectation for
very high (90%-100%; rounded estimate: 90%) recovery for lenders in
the event of a payment default. Muvico LLC is a co-borrower on the
notes.
At the same time, S&P revised its recovery rating on AMCEH's $360
million senior secured first-lien notes to '3' from '4'. The '3'
recovery rating indicates its expectation for meaningful (50%-70%;
rounded estimate: 50%) recovery for lenders in the event of a
payment default.
These rating actions reflect AMCEH's conversion of $40 million of
its senior secured exchangeable notes due 2030 to equity, which it
announced on Oct. 1, 2025. The reduction in the company's debt
principal occurred as part of the refinancing transaction it
completed in July and represents the maximum post-closing
adjustment under the transaction. No cash or additional shares were
issued as a part of this conversion.
All S&P's other existing ratings on AMCEH are unchanged.
S&P said, "While the transaction modestly reduced the company's
debt obligations, we continue to view its capital structure as
unsustainable because it faces a significant maturity wall of about
$3.2 billion in 2029. Even with potential improvements in box
office performance, we anticipate AMCEH's cash flows will remain
constrained by its high fixed charges, including over $400 million
of annual interest expense and $850 million of rent."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- AMC's capital structure comprises a $2.0 billion senior secured
first-lien term loan maturing in 2029, $91 million of exchangeable
notes due 2030, $155 million of exchangeable notes due 2030 (not
rated), and $857 million of secured notes due 2029 (all issued by
co-borrowers Muvico LLC and AMCEH), as well as $400 million of
12.75% senior secured first-lien notes due in 2027 issued at Odeon
Cinemas Group Ltd. and $360 million of 7.5% senior secured
first-lien notes due 2029 and $126 million of other outstanding
subordinated notes due 2027 both issued by AMCEH.
-- The notes issued at Odeon have a priority claim on the
company's European assets, and there is no residual claim remaining
for debt in other groups.
-- The term loan has a first-priority claim on the assets at
Muvico as well as AMCEH.
-- The senior secured notes due 2029 also retain a first-priority
claim on the assets at AMCEH.
-- The first-lien debt is contractually senior to all subordinated
debt.
Simulated default assumptions
-- S&P's simulated default contemplates a hypothetical default in
2027 due to a slower-than-expected recovery in theater attendance
and a sudden, sharp shift toward alternative film delivery
methods.
-- All debt includes six months of prepetition interest.
-- S&P said, "We assume in the event of a default or insolvency
proceeding, the company would reorganize, close its underperforming
theaters, and unwind its leases. We used a distressed EBITDA
multiple of 6x to value the company."
Simplified waterfall
-- EBITDA at emergence: $506 million
-- EBITDA multiple: 6x
-- Net enterprise value (after 5% administrative costs): $2.9
billion
-- Total value available to senior secured first-lien term loan:
$2.6 billion
-- Estimated senior secured first-lien term loan debt claims: $2.1
billion
--Recovery expectations: 90%-100% (rounded estimate: 95%)
-- Total value available to senior secured notes: $818 million
-- Estimated senior secured notes claims: $896 million
--Recovery expectations: 90%-100% (rounded estimate: 90%)
-- Total value available to Odeon notes: $354 million
-- Estimated senior secured first-lien note claims: $425 million
--Recovery expectations: 70%-90% (rounded estimate: 80%)
-- Total value available to senior secured first-lien notes: $190
million
-- Estimated senior secured first-lien note claims: $375 million
--Recovery expectations: 50%-70% (rounded estimate: 50%)
-- Total value available to exchangeable notes: $0 million
-- Estimated exchangeable debt claims: $93 million
--Recovery expectations: 0%-10% (rounded estimate: 0%)
-- Total value available to subordinated debt: $0
-- Estimated subordinated debt claims: $130 million
--Recovery expectations: 0%-10% (rounded estimate: 0%)
AMERICAN TRASH: Gets Extension to Access Cash Collateral
--------------------------------------------------------
American Trash Management, Inc. received another extension from the
U.S. Bankruptcy Court for the Northern District of California, San
Francisco Division, to use cash collateral to fund operations.
The court issued a second interim order authorizing the Debtor to
use cash collateral through October 31 in accordance with an
approved budget. The Debtor's actual disbursements must not exceed
budgeted amounts by more than 15% monthly, excluding professional
fees, which are payable only by further court order.
The second interim order required the Debtor to provide monthly
budget variance reports to Fremont Bank. Failure to do so entitles
the bank to seek termination or modification of the Debtor's cash
collateral use.
Fremont Bank will be provided with adequate protection through a
replacement lien on post-petition cash collateral and will continue
receiving monthly payments of about $5,600.24.
A final hearing is scheduled for October 30, with objections due by
October 28.
Fremont Bank is the Debtor's only general secured creditor, which
holds a blanket lien on the Debtor's assets through a UCC-1
filing.
Fremont Bank is represented by:
Chris D. Kuhner, Esq.
Kornfield, Nyberg, Bendes, Kuhner & Little, PC
1970 Broadway, Suite 600
Oakland, CA 94612
Telephone: 510-763-1000
Facsimile: 510-273-8669
c.kuhner@kornfieldlaw.com
About American Trash Management Inc.
American Trash Management, Inc. sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-30743) on
September 15, 2025. In the petition signed by Scott Brown, chief
executive officer, the Debtor disclosed up to $10 million in both
assets and liabilities.
Stephen Finestone, Esq., at Finestone Hayes LLP, represents the
Debtor as legal counsel.
AMERICAN UNAGI: Hires Bernstein Shur Sawyer as Legal Counsel
------------------------------------------------------------
American Unagi, Inc. seeks approval from the U.S. Bankruptcy Court
for the District of Maine to hire Bernstein, Shur, Sawyer & Nelson,
P.A. to serve as general bankruptcy counsel in its Chapter 11
case.
BSSN will provide these services:
(a) advise the Debtor with regard to the requirements of the
Bankruptcy Court, Bankruptcy Code, Bankruptcy Rules, Local Rules,
and the Office of the United States Trustee, as they pertain to the
Debtor;
(b) advise the Debtor with regard to certain rights and remedies
of the bankruptcy estate and rights, claims, and interests of
creditors and bring such claims as the Debtor, in its business
judgment, decides to pursue;
(c) represent the Debtor in any proceeding or hearing in the
Bankruptcy Court involving the estate;
(d) conduct examinations of witnesses, claimants, or adverse
parties, and represent the Debtor in any adversary proceeding
(except to the extent that any such adversary proceeding is in an
area outside of BSSN's expertise);
(e) review and analyze various claims of the Debtor's creditors
and treatment of such claims and prepare, file, or prosecute any
objections thereto or initiate appropriate proceedings regarding
leases or contracts to be rejected or assumed;
(f) prepare and assist the Debtor with the preparation of reports,
applications, pleadings, motions, and orders;
(g) assist the Debtor in the analysis, formulation, negotiation,
and preparation of all necessary documentation relating to the sale
of the Debtor's assets, as appropriate;
(h) assist the Debtor in the negotiation, formulation,
preparation, and confirmation of a plan; and
(i) perform any other services that may be appropriate in BSSN's
representation of the Debtor as general bankruptcy counsel in the
case.
BSSN's professionals will bill at these hourly rates:
$650 for Sam Anderson (Attorney, Shareholder)
$495 for Adam R. Prescott (Attorney, Shareholder), and
$175 for Kathrine Flynn (Paralegal, Trainee).
Bernstein, Shur, Sawyer & Nelson, P.A. is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached at:
Adam R. Prescott, Esq.
D. Sam Anderson, Esq.
BERNSTEIN, SHUR, SAWYER & NELSON, P.A.
100 Middle Street
PO Box 9729
Portland, ME 04104
Telephone: (207) 774-1200
Facsimile: (207) 774-1127
E-mail: aprescott@bernsteinshur.com
sanderson@bernsteinshur.com
About American Unagi Inc.
American Unagi Inc., located in Waldoboro, Maine, operates a
land-based aquaculture facility specializing in the sustainable
farming of American eels. The Company raises glass eels sourced
from licensed Maine harvesters in recirculating aquaculture systems
and produces products including smoked, butterflied, and tinned
eel. It serves both direct consumers through its online store and
select seafood retailers, and is part of the aquaculture and
seafood production industry.
American Unagi Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Me. Case No. 25-10180) on September 29,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Michael A. Fagone handles the case.
The Debtor is represented by D. Sam Anderson, Esq. of BERNSTEIN
SHUR SAWYER & NELSON, P.A.
ANCHOR GLASS: S&P Downgrades ICR to 'SD' on Distressed Exchange
---------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on U.S.-based
glass packaging manufacturer Anchor Glass Container Corp. to 'SD'
(selective default) from 'CCC-', its issue-level rating on its
first-lien term loan to 'D' from 'CCC-', and its issue-level rating
on its second-lien term loan to 'D' from 'C'.
S&P expects to review its issuer credit rating on Anchor over the
next few business days.
The downgrade follows Anchor Glass' comprehensive recapitalization
with all its lenders. On Oct. 8, 2025, the company announced it had
completed the exchange of its ABL revolving credit facility and
first- and second-lien term loans. Under the terms of the
recapitalization, Anchor will pay down the $40 million of
outstanding borrowings on the ABL at close and enter into a new
$115 million ABL facility. The company will also exchange its
first- and second-lien term loans for a new $317 million term loan.
Anchor's first- and second-lien term loan lenders will receive
equity interests in the company as compensation for the exchange.
S&P said, "We consider the exchange of the first- and second-lien
term loans as distressed and tantamount to a default because the
lenders of both tranches will receive less than they were promised
under the original securities. We expect to review our issuer
credit rating on the company over the next few business days."
APPLIED DNA: Clay Shorrock Named CEO Following Judith Murrah's Exit
-------------------------------------------------------------------
Applied DNA Sciences, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that Judith Murrah
informed the Company of her intention to step down from her
positions as the Company's Chief Executive Officer and President
effective September 29, 2025.
Ms. Murrah's title is Strategic Transition Advisor, and she will
remain as Chairperson of the Company's Board of Directors until a
new Chairperson is duly confirmed by the Nominating Committee of
the Board and thereafter as a member of the Board.
Ms. Murrah's resignation is not the result of any dispute or
disagreement with the Company or the Board on any matter relating
to the Company's operations, policies or practices. In connection
with Ms. Murrah's resignation, Ms. Murrah and the Company entered
into a separation agreement dated September 29, 2025. The Company
previously disclosed the Separation Agreement in the Initial 8-K.
On September 28, 2025, the Board approved the appointment of Clay
D. Shorrock, current Chief Legal Officer of the Company and
President of LineaRx, Inc., the Company's biotherapeutics
subsidiary, as Chief Executive Officer of the Company, effective
September 29, 2025. Mr. Shorrock assumed the role of Chief
Executive Officer from Judith Murrah.
On the same date, the Board approved new Employment Agreements with
Mr. Shorrock and Beth Jantzen, Chief Financial Officer of the
Company.
About Applied DNA Sciences
Applied DNA Sciences -- adnas.com -- is a biotechnology company
developing technologies to produce and detect deoxyribonucleic acid
("DNA"). Using the polymerase chain reaction ("PCR") to enable both
the production and detection of DNA, the Company currently operates
in three primary business markets: (i) the enzymatic manufacture of
synthetic DNA for use in the production of nucleic acid-based
therapeutics and the development and sale of a proprietary RNA
polymerase ("RNAP") for use in the production of mRNA therapeutics;
(ii) the detection of DNA and RNA in molecular diagnostics and
genetic testing services; and (iii) the manufacture and detection
of DNA for industrial supply chain security services.
Melville, NY-based Marcum LLP, the Company's auditor since 2014,
issued a "going concern" qualification in its report dated Dec. 17,
2024, citing that the Company has incurred significant losses and
needs to raise additional funds to meet its obligations and sustain
its operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
As of December 31, 2024, Applied DNA Sciences had $16 million in
total assets, $3.4 million in total liabilities, and $12.5 in total
equity.
ARAMSCO INC: S&P Downgrades ICR to 'CCC+', Outlook Negative
-----------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Aramsco Inc.
and its issue-level ratings on its senior secured debt to 'CCC+'
from 'B-'.
The negative outlook reflects the potential for a lower rating if
S&P envisions a default or distressed debt restructuring over the
next 12 months given the company's negative free cash flow, high
debt servicing costs, and current market trading levels.
Aramsco Inc. continues to face muted demand and delays in
cost-savings initiatives, leading to organic revenue declines,
EBITDA contraction, and free operating cash flow (FOCF) deficits
through the first half of 2025. In addition, the company's
acquisition of JonDon in May further strained credit metrics due to
associated acquisition and integration-related costs.
S&P believes FOCF deficits will likely continue in the back half of
2025 and 2026 if volumes do not recover, the company is not able to
successfully integrate their recent acquisition of JonDon
effectively, and they are unable to realize the expected return
from investments and cost-savings initiatives.
S&P said, "The downgrade reflects our belief that Aramsco's capital
structure is unsustainable due to continued underperformance and a
financial policy that has resulted in persistent free cash flow
deficits. Aramsco has continued to underperform relative to our
earnings and FOCF expectations due to fewer weather-related events,
delays in cost-savings initiatives, significant one-time
acquisition costs, and muted demand across several of the company's
business segments. While we previously projected 2025 as a year of
transition for the company to execute on cost-savings initiatives
and improve working capital management, Aramsco shifted its focus
and acquired the assets of industry peer, JonDon, in May. The
acquisition was funded with a large portion of the company's
available liquidity and delayed the company's planned cost-savings
initiatives. We expect a spike in sales, general, & administrative
(SG&A) expenses related to the integration of JonDon's sales force
and other acquisition-related costs, which we believe will hinder
the company's free cash flow generation throughout the remainder of
2025, leading to reported FOCF deficits for the year.
"We expect reported FOCF will modestly improve but remain negative
in 2026 as the company finalizes the integration of JonDon, and it
works to implement cost-savings initiatives. We expect working
capital will be a moderate source of cash for Aramsco in 2025,
because it will likely benefit from JonDon's collections and
inventory selloff as well as the acquisition of the JonDon's
pre-close accounts receivables. We believe the company will see
additional benefits from its internal working capital automation
initiatives, partially mitigating weak cash flow generation from
the base business.
"We no longer expect revenue and S&P Global Ratings-adjusted EBITDA
growth to resume in 2025. We expect demand across Aramsco's various
business segments to remain muted throughout the remainder of 2025
as the company works to balance cost-saving efforts with their
integration of JonDon. We now forecast S&P Global Ratings-adjusted
EBITDA will decline in 2025 compared to fiscal year 2024, resulting
in EBITDA margins in the mid-single-digit percent range, which we
expect will normalize to the high-single-digit percent range in
2026. We expect muted demand, delays in cost savings, and one-time
acquisition costs related to the integration of JonDon, will push
S&P Global Ratings-adjusted leverage to about 14.5x in 2025 from
9.0x in 2024. We forecast revenue will decline in the
mid-single-digit percent area in 2025 despite the expected revenue
contribution from the JonDon acquisition, with low-single-digit
percent growth in 2026 as the company fully realizes the revenue
potential of the JonDon acquisition. Key risks to our forecast
include sustained weakness in customer buying patterns, the
severity of weather events in Aramsco's markets, challenges in
executing planned cost-saving initiatives, and difficulties in
successfully integrating the JonDon acquisition.
"We expect Aramsco will maintain sufficient liquidity over the next
12 months. The company had about $6.0 million of cash on its
balance sheet as of June 30, 2025, and about $26 million drawn on
its $80 million asset-based revolver. While the company's liquidity
tightened after it utilized the full capacity of its $45 million
delayed draw term loan (DDTL) to fund its acquisition of JonDon's
assets, we expect the company will maintain prudent management of
its remaining liquidity over the next 12 months as it continues to
work through its business optimization plans and integrates the
JonDon acquisition. Aramsco's $80 million asset based lending (ABL)
facility has a springing fixed charge covenant that goes into
effect if 90% of the ABL is drawn. We do not believe the company
would be in compliance with this covenant if it were in effect and
assume the company only has access to $72 million of its ABL
capacity in our analysis.
"The negative outlook reflects the potential for a lower rating if
we envision a default or distressed debt restructuring over the
next 12 months given the company's negative free cash flow, high
debt servicing costs, and current market trading levels."
S&P could lower the rating if it envisions a default or distressed
debt restructuring within the next 12 months. This could happen
if:
-- The company depletes its available liquidity; or
-- The company is unable to grow revenues and improve
profitability from its cost savings and restructuring actions.
S&P could take a positive rating action if:
-- The company improves its operating performance and implements
significant cost-cutting initiatives that result in sustained
positive FOCF generation and improved liquidity; and
-- S&P has reason to believe the company will be able to refinance
its 2028 maturities at par.
ARCURI BUSINESS: Seeks Chapter 11 Bankruptcy in New York
--------------------------------------------------------
On October 7, 2025, Arcuri Business Holdings Corp. voluntarily
filed for Chapter 7 bankruptcy in the Eastern District of New York.
Court documents show the company's liabilities fall within the
$0–$100,000 range, with a reported creditor count between 1 and
49.
About Arcuri Business Holdings Corp.
Arcuri Business Holdings Corp. is a single asset real estate
company.
Arcuri Business Holdings Corp.sought relief under Chapter 7 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-73878) on October
7, 2025. In its petition, the Debtor reports estimated assets and
liabilities up to $100,000 each.
Honorable Bankruptcy Judge Louis A. Scarcella handles the case.
ASP UNIFRAX: S&P Downgrades ICR to 'CCC', Outlook Negative
----------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on ASP Unifrax
Holdings Inc. to 'CCC' from 'CCC+'.
S&P said, "We also lowered our issue-level rating on the company's
super-priority revolving credit facility (RCF) to 'B' from 'B+'. In
addition, we lowered our issue-level ratings on its first-lien term
loan, first-lien notes, and first-lien delayed-draw term loan to
'CCC' from 'CCC+' and our issue-level rating on its second-lien
notes to 'CCC-' from 'CCC'.
"The negative outlook reflects our expectation that we could lower
the ratings again over the next year if, in our view, the
likelihood of a near-term distressed restructuring or payment
default increases.
"The partial payment-in-kind (PIK) option on ASP Unifrax's
first-lien debt and second-lien notes expires in September 2026.
This will increase the company's interest cash burden starting in
fourth-quarter 2026, and it raises the risk of a debt restructuring
that we view as distressed.
"Doing business as Alkegen, the company continues to face difficult
operating conditions due to weak end-market dynamics, resulting in
cash-flow deficits. Under our base case, the company's funds from
operations (FFO) cash interest coverage will remain below 1x in
2025 and 2026, weakening further to 0.6x in 2027 due to the PIK
option expiring. We continue to view the company's capital
structure as unsustainable.
"We anticipate a 40% increase in its annualized cash interest
expense upon the expiration of the PIK option, which we believe
could prompt a transaction we view as a default within the next 12
months. While we don't envision a liquidity shortfall in that
timeframe, there is a high risk of potential debt modification or
restructuring
"We believe there's elevated risk that Alkegen could pursue a
transaction we view as a default in the next 12 months, triggered
by the expiration of the PIK option on most of its debt. While its
near-term liquidity remains sufficient to meet operational funding
needs and mandatory debt-servicing costs over the next 12 months,
we believe a meaningful improvement in business conditions is key
to supporting Alkegen's capital structure after the optional
partial-PIK period ends. After Sept. 30, 2026, all interest
payments will be due in cash. Our base-case forecast projects soft
end-market performance, resulting in lower revenue and earnings in
2025 before rebounding somewhat in 2026. It also projects a decline
in FFO cash interest coverage to 0.6x in 2027 from 0.8x in both
2025 and 2026. This points to an unsustainable capital structure
and an increased risk of a restructuring, potentially resulting in
lenders receiving less than originally promised in terms of timing,
amount, or maturity.
"We believe the company's key end-markets will remain sluggish amid
high interest rates and pressured business confidence. The
company's sales are closely tied to activity in key industrial
subsectors, including steel and metal production, automotive
manufacturing, chemical production, and general industrial. We
anticipate subdued capital spending across these sectors over the
next 12 months, driven by relatively high interest rates and weak
business confidence. The latter partly reflects lingering
uncertainty surrounding U.S. trade policy and geopolitical factors.
In addition, Alkegen has shifted some production to support
electric vehicle (EV) growth, and we expect continued sales
softness due to slower-than-anticipated EV adoption in the U.S.
Furthermore, we expect ongoing weakness in the Chinese economy to
continue pressuring demand for the company's Luyang business over
the next 12 months.
"We expect persistent muted operating performance and cash flow
over the next 12 months. Our base-case forecast considers about a
2% decline in total S&P Global Ratings-adjusted revenue in 2025,
followed by modest recovery in the mid-single-digit percent area in
2026. We expect S&P Global Ratings-adjusted EBITDA margins to
contract by approximately 200 basis points (bps) to about 12% in
2025, with improvement of 50 bps-100 bps in 2026, largely from
better operating leverage. Overall, we expect continued negative
free operating cash flow (FOCF) in 2025, declining further in 2026
due to higher cash interest costs upon PIK expiration.
"The negative outlook reflects Alkegen's elevated risk of a
restructuring transaction, which results from the upcoming
expiration of its PIK option in September 2026 and its weak
operating performance and cash flows. We could lower the ratings if
we believe a payment default or a transaction we view as a
distressed exchange is highly likely within the next six months."
S&P could lower its ratings on Alkegen if:
-- S&P believes a payment default or a transaction it views as a
distressed exchange is highly likely within the next six months;
or
-- The company announces or completes a distressed transaction
that involves lenders receiving less than originally promised.
S&P could raise its ratings on Alkegen if:
-- A significant rebound in the company's end markets leads to
significantly improved FFO interest coverage, mitigating the impact
of the PIK option expiration; or
-- S&P no longer envision a specific default scenario within the
next 12 months.
ASTRA ACQUISITION: S&P Downgrades ICR to 'D' on Bankruptcy Filing
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Astra
Acquisition Corp. (doing business as Anthology) to 'D' (default)
from 'CCC', its issue-level rating on its tranche A first-lien debt
to 'D' from 'CCC+', and its issue-level rating on its tranche B
first-lien debt to 'D' from 'CC'.
Anthology announced that it has filed for voluntary protection
under Chapter 11 of the U.S. Bankruptcy Code to implement the RSA.
The downgrade follows Anthology's bankruptcy filing. Anthology has
filed for voluntary protection under Chapter 11 of the U.S.
Bankruptcy Code in the U.S. Bankruptcy Court for the Southern
District of Texas.
ASTRA INTERMEDIATE: Moody's Lowers PDR to 'D-PD' Amid Ch. 11 Filing
-------------------------------------------------------------------
Moody's Ratings downgraded Astra Intermediate Holding Corp.'s (dba
Anthology) probability of default rating to D-PD from C-PD and
affirmed its corporate family rating at Ca following the company's
filing for Chapter 11 bankruptcy protection. At the same time,
Moody's downgraded the instrument ratings under Anthology's
subsidiary, Astra Acquisition Corp., including a $140 million
senior secured first-lien revolving bank credit facility due
February 2028 and $410 million senior secured first-lien tranche A
term loan due February 2028 to Ca from Caa2. The company's $615.4
million senior secured first-lien tranche B term loan due October
2028 and $57.6 million senior secured first-lien tranche C term
loan due October 2029 instrument ratings were affirmed at C. The
rating outlook for both entities is stable.
These actions follow Anthology's announcement on September 29, 2025
that the company and certain subsidiaries initiated Chapter 11
proceedings in the US Bankruptcy Court for the Southern District of
Texas.
The Chapter 11 filling resulted in the downgrade of Anthology's PDR
to D-PD. The Ca CFR reflects the default and Moody's expectations
for a below average family recovery for debt holders. The downgrade
of the company's senior secured first-lien revolving credit
facility and tranche A term loan reflect Moody's views on potential
recoveries across the capital structure given their superpriority
position in the capital structure and the nature of this
contemplated restructuring where the recoveries are largely
equity-based for this creditor class in the new company. Governance
considerations are material to the rating action due to an
untenable capital structure and the bankruptcy filing.
RATINGS RATIONALE
Anthology's capital structure prior to the Chapter 11 filing is
unsustainable due to very high leverage, negative free cash flow
and weak liquidity. The company is facing substantial headwinds
stemming from decline in new bookings and higher than expected
customer attrition. The company has undertaken sizeable cost
savings initiatives to adjust to lower demand.
Anthology, following its recent restructuring announcement, has
signed a restructuring support agreement with a group of lenders
and equity sponsor Veritas Capital. The deal enables a dual-track
strategy involving the sale of non-core assets—including
Enterprise Operations and Lifecycle Engagement/Student
Success—and the reorganization of the Teaching & Learning
division, which includes Blackboard Inc., into a new, debt-free
company.
Ellucian Company LLC will act as the "stalking horse" bidder for
the Enterprise Operations business, which covers Anthology Student,
Finance & HCM, Student Verification, and Enterprise Ops Legacy.
Encoura LLC will serve as the "stalking horse" bidder for the
Lifecycle Engagement business, which includes Anthology Encompass,
Reach, Engage, Advance, and the Student Success business.
The reorganized entity will be supported by Oaktree Capital
Management and Nexus Capital Management, who will convert their
secured claims into equity. These creditors will also provide a
$100 million debtor-in-possession facility, consisting of a $50
million term loan and a $50 million roll-up of prepetition
first-lien tranche A debt, to ensure Anthology's operations
continue during restructuring.
The stable outlook reflects Moody's views that the ratings are
properly positioned based on expected recoveries.
Shortly following this rating action, Moody's will withdraw all
ratings of Anthology.
The Ca CFR of Anthology is two notches below the methodology
scorecard-indicated outcome of Caa2 as of December 31, 2024. The
wide differential reflects the company's strained liquidity and
bankruptcy filing.
Anthology, headquartered in Boca Raton, FL, provides cloud-based
software solutions, including LMS, SIS and CRM for higher education
institutions. The company is majority owned by funds managed by
private-equity investors Veritas Capital Fund Management, L.L.C,
Providence Equity Partners L.L.C. and Leeds Equity Partners.
ATECH (PARENT): ATech/ATI Unsecured Claims Will Get 12.3% to 13.8%
------------------------------------------------------------------
ATech (Parent) Resolution Corp. and affiliates filed with the U.S.
Bankruptcy Court for the District of Delaware a Disclosure
Statement for the Joint Chapter 11 Plan dated September 30, 2025.
ATech (Parent) Resolution Corp. (f/k/a Akoustis Technologies, Inc.)
("ATI") (together with its Debtor affiliates, the "Company"), was
incorporated on April 10, 2013, and reincorporated in Delaware as
of December 15, 2016 and was headquartered in Huntersville, North
Carolina.
The Debtors developed, designed, and manufactured innovative RF
filter solutions for the wireless industry, including for products
such as smartphones and tablets, network infrastructure equipment,
WiFi Customer Premise Equipment, and defense applications. These
filters are critical in selecting and rejecting signals, and their
performance enables differentiation in the functionality of the "RF
front-end."
Together with RJA, the Debtors conducted an all-inclusive marketing
process for both (a) financing proposals that would enable the
Debtors either (i) to post a bond allowing ATI and ATech to appeal
the Amended Final Judgment and the Injunction or (ii) to execute on
their business plan and potentially pay down all or a portion of
the Damages Award and (b) obtaining bids for the sale of all or a
portion of the Debtors' assets.
Prior to the Petition Date, the Debtors and their advisors engaged
with the parties that had submitted the strongest indications of
interest and the Debtors accepted the bid of Gordon Brothers
Commercial & Industrial, LLC (the "Stalking Horse") as the stalking
horse bid for the sale of the Debtors' assets pursuant to the
agreement with the Stalking Horse (the "Stalking Horse APA").
The Stalking Horse APA allowed the Debtors to continue pursuing a
sale of the Purchased Assets (as defined in the Stalking Horse APA)
while at the same time locking in a gross purchase price of at
least $7 million, subject to certain price adjustment mechanisms
(or $10 million if closed within the first 52 days after the
Petition Date).
On May 1, 2025, the Court entered the Order (I) Approving the Sale
of Assets Free and Clear of Liens, Claims Interests, and
Encumbrances, (II) Approving the Assumption and Assignment of
Executory Contracts and Unexpired Leases in Connection Therewith
and (III) Granting Related Relief approving the sale of the
Akoustis Assets to Tune Holdings (the "Akoustis Sale"). The
Akoustis Sale closed on May 15, 2025. On June 20, 2025 the Court
entered the Order (I) Approving the Sale of Assets Free and Clear
of Liens, Claims, Interests and Encumbrances, (II) Approving the
Assumption and Assignment of Executory Contracts and Unexpired
Leases in Connection Therewith and (III) Granting Related Relief
approving the sale of the GDSI Assets to Silitronics pursuant to
the Silitronics APA (the "GDSI Sale"). The GDSI Sale closed on June
25, 2025.
The Plan contemplates (i) the substantive consolidation of the
Chapter 11 Cases and Estates of ATI and ATech for the purposes of
voting, distribution, and effectuating and implementing the Plan
and (ii) the limited consolidation of all Debtors for voting
purposes only.
Generally, the Plan:
* vests the Remaining Estate Assets in the Post-Effective Date
Debtors for the purpose of distribution to holders of Allowed
Claims and Allowed Interests;
* designates a Plan Administrator to winddown the Debtors'
affairs, reconcile Claims, pay Allowed Claims, and administer the
Plan in an efficacious manner; and
* provides for one hundred percent recoveries for holders of
Allowed Administrative Claims, Allowed Priority Tax Claims, Allowed
Secured Tax Claims, Allowed Other Secured Claims, and Allowed Other
Priority Claims.
Class 4A consists of ATech/ATI General Unsecured Claims. Except to
the extent that a holder of an Allowed ATech/ATI General Unsecured
Claim agrees to less favorable treatment, each holder of an Allowed
ATech/ATI General Unsecured Claim shall receive its Pro Rata share
of the ATech/ATI GUC Asset Pool, provided, however, that no holder
of an Allowed ATech/ATI General Unsecured Claim shall receive a
distribution in excess of the amount of its Allowed Claim. The
allowed unsecured claims total $115,463,242. This Class will
receive a distribution of 12.3% to 13.8% of their allowed claims.
Class 4B consists of GD Chips General Unsecured Claims. Except to
the extent that a holder of an Allowed GD Chips General Unsecured
Claim agrees to less favorable treatment, each holder of an Allowed
GD Chips General Unsecured Claim shall receive its Pro Rata share
of the GD Chips GUC Asset Pool, provided, however, that no holder
of an Allowed GD Chips General Unsecured Claim shall receive a
distribution in excess of the amount its Allowed Claim. The allowed
unsecured claims total $78,656. This Class will receive a
distribution of 100% of their allowed claims.
Class 4C consists of RF Chips General Unsecured Claims. Except to
the extent that a holder of an Allowed RF Chips General Unsecured
Claim agrees to less favorable treatment, each holder of an Allowed
RF Chips General Unsecured Claim shall receive its Pro Rata share
of the RF Chips GUC Asset Pool, provided, however, that no holder
of an Allowed RF Chips General Unsecured Claim shall receive a
distribution in excess of the amount of its Allowed Claim. The
allowed unsecured claims total $3,406. This Class will receive a
distribution of 100% of their allowed claims.
The Plan contemplates and is predicated upon the deemed
consolidation of all of the Debtors for voting purposes only;
provided, further, that the Plan shall be deemed a motion by the
Debtors seeking the approval, effective as of the Effective Date,
of the substantive consolidation of the Chapter 11 Cases and
Estates of ATI and ATech for the purposes of voting, distribution,
and effectuating and implementing the Plan. On the Effective Date,
each Claim filed or to be filed against ATech or ATI shall be
deemed filed only against ATech and shall be deemed a single Claim
against and a single obligation of ATech and the claims register
shall be updated accordingly. This limited substantive
consolidation effected pursuant to Article IV.A of the Plan shall
not otherwise affect the rights of any holder of any Claim, or
affect the obligations of any Debtor with respect to such Claim.
On the Effective Date, the authority, power and incumbency of the
persons acting as directors and officers of the Debtors shall be
deemed to have resigned, solely in their capacities as such, and
the Plan Administrator shall be appointed as the sole director and
the sole officer of the Post-Effective Date Debtors and shall
succeed to the powers of the Debtors' directors and officers. From
and after the Effective Date, except as provided otherwise in the
Plan, the Plan Administrator shall be the sole representative of,
and shall act for, the Post-Effective Date Debtors.
A full-text copy of the Disclosure Statement dated September 30,
2025 is available at https://urlcurt.com/u?l=QtG4Wa from
PacerMonitor.com at no charge.
Counsel to the Debtors:
K&L GATES LLP
Jeffrey T. Kucera, Esq.
Southeast Financial Center, Suite 3900
200 South Biscayne Blvd.
Miami, Florida 33131
Telephone: (305) 539-3300
Email: jeffrey.kucera@klgates.com
- and –
Margaret R. Westbrook, Esq.
301 Hillsborough Street, Suite 1200
Raleigh, North Carolina 27603
Telephone: (919) 743-7300
Email: margaret.westbrook@klgates.com
LANDIS RATH & COBB LLP
Matthew B. McGuire, Esq.
Matthew R. Pierce, Esq.
Joshua B. Brooks
919 Market Street
Suite 1800
Wilmington, Delaware 19801
Telephone: (302) 467-4410
Facsimile: (302) 467-4450
Email: mcguire@lrclaw.com
pierce@lrclaw.com
brooks@lrclaw.com
About ATech (Parent) Resolution Corp.
ATech (Parent) Resolution Corp. and affiliates developed, designed,
and manufactured innovative RF filter solutions for the wireless
industry.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 24-12796) on December 16,
2024, with $50,000,001 to $100 in assets and $100,000,001 to $500
million in liabilities.
Judge Laurie Selber Silverstein presides over the case.
ATLANTICA SUSTAINABLE: S&P Downgrades ICR to 'B+', Outlook Stable
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Atlantica
Sustainable Infrastructure PLC to 'B+' from 'BB-'.
At the same time, S&P lowered its rating on the company's senior
secured green notes to 'BB' from 'BB+' with a recovery of '1', and
lowered its rating on the senior unsecured debt to 'B+' from 'BB-'
with a '4' recovery rating
The stable outlook reflects S&P's expectation that Atlantica's
assets will continue to operate under long-term contracts with
investment-grade counterparties and generate predictable cash
flows.
Since its acquisition by Energy Capital Partners (ECP) at the end
of 2024, Atlantica has pursued a strategy of new development and
acquisitions in the renewables sector but has seen delays in
distributions at some existing assets. The new assets acquired have
helped to offset shortfalls in distributions from other assets, but
raised debt at the holding company, with a resulting decline in
financial ratios.
Electricity prices have decreased and curtailment has increased in
two assets within the Spanish solar fleet, with those two assets
not reaching the minimum production required to get the full
renumeration on investment component of the regulated revenues and
some projects having to cease distributions and draw down internal
liquidity to service project-level debt. S&P expects the next
regulatory reset scheduled in 2026 to provide relief to this
situation. In addition, delayed payments continue from offtaker
Pemex at the Atlantica Nuevo Pemex (ACT) cogeneration gas facility
in Mexico.
S&P expects leverage to remain above 7.0x through 2026, before
improving in 2027. It also forecasts funds from operations (FFO) to
debt will fall below 10% in 2025 and 2026.
The downgrade reflects Atlantica's incremental debt burden and
delay in EBITDA growth, by a year from our previous expectations.
S&P said, "We expect debt on balance sheet to increase by about
$400 million including expected additional issuance through the
remainder of 2025. Year to date, debt has increased $123 million
year including $88 million of foreign exchange impact. We expect
its leverage to rise to about 8x in 2025 and remain above 7x in
2026 before improving to the low-6x area in 2027 and beyond."
S&P expects Atlantica's cash flow to be below its previous forecast
in 2026 before improving in 2027 and 2028, mainly due to reduced
distributions from its Spanish portfolio during the next year. The
Spanish solar fleet is making lower distributions due to the
current regulatory and pricing regime. These assets have the right
to receive a pre-established reasonable rate of return through 3
components (i) the market price for the power they produce, (ii) a
payment based on the standard investment cost or “Remuneration on
Investment” and (iii) an "operating payment". The remuneration on
investment and the operating payment are revised every 3 years to
take into account past and expected market prices.
From 2020-2023, distributions from assets under the Spanish
regulatory framework were very stable. However, the last periodic
change in the regulatory parameters in response to high electricity
prices lead to a smaller return on investment component and lower
return on operation component of revenues in the period 2023-2025.
S&P said, "More recently, we've seen the energy component of
revenues falling and increased curtailment at several projects.
Curtailed production does not count toward minimum production
targets which are necessary to receive 100% of the compensation
amount. This has caused lower cash revenues. We expect this issue
to be resolved in the near term with the scheduled reset of the
compensation calculation due in 2026 and an expected modification
of Royal Decree RD 413 expected in the near term."
However, because some of the projects have been drawing on internal
liquidity reserves, S&P expects lower distributions until those
reserves are replenished in 2027.
The ACT gas cogeneration project has a long-term contract to supply
electricity and steam to a Pemex facility in Mexico. Pemex
continues to make payments to the project but has accrued a
substantial back-payment due to ACT. This is a more general problem
for Pemex. With declining production levels and recent operational
cost increases, Pemex currently has a large debt load of almost
$100 billion, including around $23 billion of supplier debt. Pemex
is working with the Mexican government to reduce debt, repay
supplier obligations and improve operating leverage, but this is
expected to take some time. In S&P's base case, it assumes the
repayment of these accrued amounts to ACT (with resultant
distributions to Atlantica) will occur over the next five years.
Atlantica's investments have exceeded internally generated cash
flow. The company has stated its intent to scale its growth capital
spending program, limiting the expected need for corporate debt
financing. However, a combination of lower distributions from Spain
and Mexico and a doubling of investments and capital spending on
existing projects in the last 12 months and through the end of 2025
has increased its growth in debt above S&P's expectations. Under
ECP's private ownership, the company has expressed its desire to
maintain a target leverage ratio of around 5x and curtail
distributions until it is able to lower leverage. S&P expects it
could take a couple of years for the company to reduce leverage to
that level.
S&P expects recent acquisitions and capital investments to be
accretive to revenues and distributions immediately. These include
assets under development and construction reaching operations, the
acquisition of a transmission line in Uruguay and the potential
acquisition of a portfolio of two operating wind farms and a
six-project development pipeline in Canada, for which Atlantica has
reached an acquisition agreement that is pending to close.
S&P's assessment of Atlantica's cash flow quality primarily
reflects its highly contracted nature. The company generates more
than 98% of its cash flow via long-term power purchase agreements
or regulated activities that operate under fixed return on
investment. Counterparty credit quality is strong, with most
revenue generated from investment-grade off-takers. The company
estimates an average remaining life of its contracts of about 11
years, and these are largely fixed price with annual escalation
mechanisms. Atlantica's portfolio does not bear material resource
availability and no commodity risk.
Atlantica has a strong portfolio with good asset and regional
diversity. It comprises around 51 individual facilities spread
across various geographies and sector mix. This provides a strong
mitigant against idiosyncratic risks associated with a certain
market (such as regulatory changes, weather, or a particular
asset), technical issues, or equipment failure. S&P said,
"Atlantica generates most of its distributions from solar projects,
which we consider more favorable than those of peers such as
Terraform Power, because we view solar as a more reliable resource
than wind. At the same time, an abundance of distributions is not
subject to resource risk, mainly those from remuneration payments
in Spain, a gas-fired plant under contract in Mexico, transmission
assets, and water assets. We also view the scheduled amortization
of project-level debt as creating financial flexibility and
reducing cash flow interruption risk to the holding company."
S&P said, "We expect business risk to remain in the satisfactory
level due to the diversity and high level of contracted revenues.
Our view of financial risk remains at the highly leveraged level
both due to ratio levels and ownership by a financial sponsor.
"The stable outlook on Atlantica reflects our view that its assets
will continue to operate under long-term contracts with
investment-grade counterparties and generate predictable cash flow
to support its holding company debt obligations. We also expect the
reset in regulatory parameters in 2026 in Spain and to a lower
extent, changes to regulation in Spain to provide relief for those
projects and arrears at ACT to decrease over the next four years.
We forecast debt to EBITDA in the mid-7x area in 2026, improving to
below 6x 2027. We also forecast FFO to debt of about 7.5% in 2026
and 11.5% in 2027.
"We would lower our ratings on Atlantica if its leverage remains
elevated and we do not expect debt to EBITDA to fall toward the
low-6x area by 2027 or if FFO to debt remains below 10%." This
could occur due to:
-- A greater breadth or severity of delays in distributions from
the company's projects from a combination of larger-than-expected
delays in payments at the company's Mexican asset (ACT), if the
regulatory parameter reset and expected changes to the regulations
in Spain don't sufficiently increase cash revenues, or the
company's projects face higher-than-expected operating costs or
unfavorable weather; or
-- Leverage increases at the corporate level to fund acquisitions
or cure distressed projects or the company employs a more
aggressive financial policy and pursues debt-funded dividends.
An upgrade is unlikely over the next 12 months and would occur if:
-- Its credit metrics improve such that debt to EBITDA decreases
below 5.5x on a sustained basis. This would most likely occur if
current issues at a number of assets are resolved, newly acquired
assets and development projects start to contribute to
distributions, and the company executes on its financial policy to
prioritize deleveraging rather than growth or equity distributions;
or
-- Given ECP's majority ownership, S&P revises its assessment of
the company's financial policy, which currently caps the financial
risk profile at highly leveraged.
AVAYA INC: Nuveen Credit Marks $8.4MM Loan at 21% Off
-----------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its
$8,435,709 loan extended to Avaya, Inc. to market at $6,637,131 or
79% of the outstanding amount, according to Nuveen Credit's Form
N-CSR for the fiscal year ending July 31, 2025, filed with the U.S.
Securities and Exchange Commission.
JQC is a participant in a Exit Term Loan B to Avaya, Inc. The loan
accrues interest at a rate of 11.856% per annum. The loan matures
on August 01, 2028.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, Il 60606
Telephone: (800) 257‑8787
About Avaya, Inc.
Avaya delivers smarter customer experiences, greater business
efficiency, and lower costs through AI-powered communication and
collaboration tools.
AZ 400 HERKIMER: Seeks Chapter 11 Bankruptcy in New York
--------------------------------------------------------
On October 10, 2025, AZ 400 Herkimer LLC voluntarily filed for
Chapter 11 bankruptcy in the Eastern District of New York. The
filing shows that the company's liabilities fall between $10
million and $50 million. The debtor listed between 100 and 199
creditors.
About AZ 400 Herkimer LLC
AZ 400 Herkimer LLC is a limited liability company.
AZ 400 Herkimer LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-44916) on October 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by Lawrence Morrison, Esq.
BABA NANAK: Case Summary & Nine Unsecured Creditors
---------------------------------------------------
Debtor: Baba Nanak Hospitality Group Corp
6331 S. 13th Street
Milwaukee, WI 53221
Case No.: 25-25689
Business Description: Baba Nanak Hospitality Group Corp. owns and
operates a hotel property at 6331 South 13th
Street in Milwaukee, Wisconsin, offering
lodging and related hospitality services
near Milwaukee Mitchell International
Airport.
Chapter 11 Petition Date: October 7, 2025
Court: United States Bankruptcy Court
Eastern District of Wisconsin
Judge: Hon. Rachel M Blise
Debtor's Counsel: Claire Ann Richman, Esq.
RICHMAN & RICHMAN LLC
122 W. Washington Avenue
Suite 850
Madison, WI 53703-2732
Tel: 608-630-8990
Email: crichman@randr.law
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Hardeep Arora as president.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/AUJFYQA/Baba_Nanak_Hospitality_Group_Corp__wiebke-25-25689__0001.0.pdf?mcid=tGE4TAMA
BABA NANAK: Seeks Chapter 11 Bankruptcy in Wisconsin
----------------------------------------------------
On October 7, 2025, Baba Nanak Hospitality Group Corp. sought
Chapter 11 bankruptcy protection in the Eastern District of
Wisconsin. The filing indicates that the company holds debts
estimated between $1 million and $10 million, and it reports having
1 to 49 creditors.
About Baba Nanak Hospitality Group Corp.
Baba Nanak Hospitality Group Corp. is as proprietor of a
full-service hotel situated at 6331 S. 13th Street, with an
assessed value of roughly $3.6 million in 2021.
Baba Nanak Hospitality Group Corp. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Wis. Case No. 25-25689) on
October 7, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $1 million each.
Honorable Bankruptcy Judge Rachel M. Blise handles the case.
The Debtor is represented by Claire Ann Richman, Esq. of Richman &
Richman LLC.
BAYSIDE LIMO: Gets Final OK to Use Cash Collateral
--------------------------------------------------
Bayside Limo of Tampa, LLC received final approval from the U.S.
Bankruptcy Court for the Middle District of Florida to continue
using cash collateral.
The final order signed by Judge Catherine Peek McEwen authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court; the expenses set forth in the budget, plus
an amount not to exceed 10% for each line item; and additional
amounts subject to approval by secured creditors. This
authorization will continue until further order of the court.
The Debtor projects total operational expenses of $213,303.70.
Secured creditors include the U.S. Small Business Administration,
CT Corporation System (as representative of various parties),
Credibly of Arizona LLC, Silverline Services, Inc., and CHTD
Company.
As adequate protection for the Debtor's use of their cash
collateral, secured creditors will have perfected post-petition
liens on the cash collateral, with the same validity, priority and
extent as their pre-bankruptcy liens.
The Debtor was ordered to keep its property insured in accordance
with its loan and security agreements with secured creditors as
further protection.
The final order is available at https://is.gd/an2MLY from
PacerMonitor.
The Debtor estimated that the collective claims of the secured
creditors are secured by $13,167.04 of assets, consisting of $4,224
in cash; $6,418.78 in a frozen merchant account; $1,304.26 in
accounts receivable; and $1,220 in personal property, according to
court papers filed in June.
About Bayside Limo of Tampa LLC
Bayside Limo of Tampa LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.8:25-bk-03982-CPM)
on June 13, 2025. In the petition signed by Kevin New, chief
executive officer, the Debtor disclosed up to $500,000 in assets
and up to $1 million in liabilities.
Judge Catherine Peek McEwen oversees the case.
The Debtor is represented by:
Buddy D. Ford, Esq.
Ford & Semach, P.A.
Tel: 813-877-4669
Email: buddy@tampaesq.com
BECKHAM JEWELRY: Claims to be Paid From Available Cash and Income
-----------------------------------------------------------------
Beckham Jewelry, LLC filed with the U.S. Bankruptcy Court for the
Southern District of Mississippi a Plan of Reorganization under
Subchapter V dated October 1, 2025.
The Debtor previously operated as a retail and custom jewelry
store. Due to high overhead and poor retail performance, the Debtor
filed this Subchapter V Chapter 11 case to conduct a liquidation of
its retail inventory and transition to an appointment-based custom
design and repair business.
Since the petition date, the Debtor has operated its business and
managed its property as a debtor-in-possession pursuant to sections
1184 and 1186 of the Bankruptcy Code. The Debtor has successfully
transitioned from a traditional retail jewelry operation to a more
sustainable appointment-based custom design and repair business
model, which has significantly reduced overhead costs while
maintaining the ability to generate revenue.
The Debtor has filed this Plan to provide for the treatment of
Claims against and Equity Interests in the Debtor, and to implement
a reorganization that will allow the Debtor to continue its
business operations while providing meaningful distributions to
creditors.
Class 4 consists of all General Unsecured Claims, including the
claims of trade creditors and any claims arising from the rejection
of executory contracts or unexpired leases, such as any lease
rejection claim filed by TDLDC. Holders of Allowed General
Unsecured Claims shall receive Pro Rata quarterly distributions
from the Debtor's available cash and future net income. On the
first Quarterly Distribution Date, the Debtor shall distribute all
remaining Cash on hand from the liquidation sale, less a $30,000
operating reserve to be retained by the Debtor for ongoing business
operations.
Thereafter, commencing with the next Quarterly Distribution Date
and continuing for thirty-six months or until such Claims are paid
in full (whichever occurs first), the Debtor shall distribute Pro
Rata all Net Operating Income in excess of the $30,000 reserve,
after payment of ordinary business expenses and Allowed
Administrative Expense Claims. The $30,000 reserve shall be
maintained at all times during the term of the Plan.
Class 5 consists of the Equity Interests in the Debtor,
specifically the membership interest of Brian Beckham. The
ownership interest of Brian Beckham shall be retained throughout
the duration of this Plan, subject to the Debtor's performance of
the Plan. Mr. Beckham will continue to manage the Debtor's business
operations during the term of the Plan. No distributions shall be
made to Mr. Beckham on account of his Equity Interest until the
completion of the Plan and until all Allowed Claims have been paid
in accordance with its terms.
Distributions under the Plan shall be funded by (i) the Cash
remaining from the Court-approved liquidation sale, net of a
$30,000 operating reserve to be maintained by the Debtor, and (ii)
the Debtor's post-confirmation Net Operating Income from its custom
jewelry and repair business. For purposes of this Plan, "Net
Operating Income" means the Debtor's gross receipts, less ordinary
and necessary business expenses, while preserving the $30,000
reserve.
On the Effective Date, all property of the estate and all property
acquired by the Debtor under the Plan shall revest in the Debtor
free and clear of all Claims and interests, except as otherwise
provided in the Plan or the Confirmation Order. The Debtor shall
thereafter hold and use such property in the ordinary course of its
business, subject to the provisions of the Plan.
A full-text copy of the Plan of Reorganization dated October 1,
2025 is available at https://urlcurt.com/u?l=oerJEj from
PacerMonitor.com at no charge.
About Beckham Jewelry LLC
Beckham Jewelry, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Miss. Case No. 25-01234) on May 14,
2025. In the petition signed by Brian Lee Beckham, member, the
Debtor disclosed up to $10 million in assets and up to $500,000 in
liabilities.
Judge Jamie A. Wilson oversees the case.
The Debtor is represented by:
Thomas Carl Rollins, Jr., Esq.
The Rollins Law Firm, PLLC
Tel: 601-500-5533
Email: trollins@therollinsfirm.com
BED BATH: Secures Final Court OK for $1.95MM ERISA Deal
-------------------------------------------------------
Clara Baranaukas of Law360 reports that a New Jersey federal judge
has granted final approval to a $1.95 million class action
settlement resolving claims that Bed Bath & Beyond Inc.'s 401(k)
plan administrators shortchanged workers after the retailer's
bankruptcy led to the plan's termination.
U.S. District Judge Claire C. Cecchi approved the unopposed motion,
which was first reached earlier this 2025, ending months of
negotiations between the parties. The case centered on allegations
that plan fiduciaries mishandled employee investments during the
company's wind-down, according to report.
With the court's approval, roughly 2,100 former employees and their
beneficiaries are set to receive compensation under the deal,
closing the chapter on one of the many legal disputes following Bed
Bath & Beyond's collapse, the report states.
About Bed Bath & Beyond
Bed Bath & Beyond Inc., together with its subsidiaries, is an
omnichannel retailer selling a wide assortment of merchandise in
the Home, Baby, Beauty & Wellness markets and operates under the
names Bed Bath & Beyond, buybuy BABY, and Harmon, Harmon Face
Values. The Company also operates Decorist, an online interior
design platform that provides personalized home design services.
At its peak, Bed Bath & Beyond operated the largest home furnishing
retailer in the United States with over 970 stores across all 50
states, consistently at the forefront of major home and bath
trends. Operating stores spanning the United States, Canada,
Mexico, and Puerto Rico, Bed Bath & Beyond offers everything from
bed linens to cookware to electric appliances, home organization,
baby care, and more.
Bed Bath & Beyond closed over 430 locations across the United
States and Canada before filing Chapter 11 cases, implementing
full-scale wind-downs of their Canadian business and the Harmon
branded stores.
Left with 360 Bed Bath & Beyond, and 120 buybuy BABY stores, Bed
Bath & Beyond Inc. and 73 affiliated debtors on April 23, 2023,
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code to pursue a wind-down of operations.
The cases are pending before the Honorable Vincent F. Papalia and
requested joint administration of the cases under Bankr. D.N.J.
Lead Case No. 23-13359.
Kirkland & Ellis LLP and Cole Schotz P.C. are serving as legal
counsel, Lazard Frares & Co. LLC is serving as investment banker,
and AlixPartners LLP is serving as financial advisor. Bed Bath &
Beyond Inc. has retained Hilco Merchant Resources LLC to assist
with inventory sales. Kroll LLC is the claims agent.
BEELAND PROPERTIES: Hires Beau Box as Real Estate Broker
--------------------------------------------------------
Beeland Properties LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Louisiana to hire Beau Box
Commercial Real Estate, L.L.C. as exclusive real estate brokers for
the Debtor's interests in immovable property in its Chapter 11
Subchapter V case.
BBCRE will provide these services:
(a) familiarize itself with the Debtor's immovable property;
(b) assist the Debtor in identifying, qualifying, and managing
potential purchasers;
(c) take the lead in developing all written marketing materials
describing the Debtor's immovable property, with the Debtor
remaining responsible for the accuracy and completeness of the
documents;
(d) assist the Debtor in preparing for and making presentations to
potential purchasers;
(e) assist the Debtor in soliciting, coordinating, and evaluating
indications of interest and proposals from potential purchasers;
(f) assist the Debtor in structuring and negotiating the terms of
any purchases, including participating in negotiations with
creditors and other parties involved in any sales, if necessary;
(g) provide in-court testimony regarding real estate matters as
necessary; and
(h) provide other brokerage, consulting, and advisory services as
may be agreed upon in writing by the Debtor and BBCRE.
BBCRE will receive a commission equal to 3 percent of the gross
sales price, payable upon closing of the sale of each property.
According to court filings, Beau Box Commercial Real Estate, L.L.C.
is a "disinterested person" within the meaning of Section 101(14)
of the Bankruptcy Code.
The firm can be reached at:
Beau J. Box
BEAU BOX COMMERCIAL REAL ESTATE, L.L.C.
Baton Rouge, LA
About Beeland Properties, LLC
Beeland Properties, LLC is a company in Denham Springs, La.,
engaged in renting and leasing real estate properties.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. M.D. La. Case No. 24-10461) on June 11,
2024, with $1 million to $10 million in both assets and
liabilities. Jeff Landry, manager, signed the petition.
Judge Michael A. Crawford presides over the case.
Ryan J. Richmond, Esq., at Sternberg, Naccari & White, LLC
represents the Debtor as legal counsel.
BELL BUSINESS: Voluntary Chapter 11 Case Summary
------------------------------------------------
Debtor: Bell Business Investments LLC
545 Broadway
4th Floor
Brooklyn NY 11206
Business Description: Bell Business Investments LLC is a single-
asset real estate debtor under 11 U.S.C.
Section 101(51B) that primarily manages and
appraises real estate for clients.
Chapter 11 Petition Date: October 7, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-12220
Judge: Hon. Philip Bentley
Debtor's Counsel: Isaac Nutovic, Esq.
261 Madison Avenue, 26th Floor
New York, NY 10016
Tel: 917-922-7963
E-mail: inutovic@nutovic.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Marty Spitzer as president.
The Debtor did not submit the required list of its 20 largest
unsecured creditors when filing the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FNG4HOY/Bell_Business_Investments_LLC__nysbke-25-12220__0001.0.pdf?mcid=tGE4TAMA
BH DOWNTOWN: Updates Unsecured Claims Pay; Files Amended Plan
-------------------------------------------------------------
BH Downtown Miami, LLC and 340 Biscayne Owner, LLC submitted a
Second Amended Joint Disclosure Statement describing Second Amended
Plan dated October 1, 2025.
The Plan is a liquidating Plan. 340 will sell the Property by
Private Sale or Auction, to a third party purchaser free and clear
of all liens, claims and encumbrances, pursuant to Section 363(f)
of the Bankruptcy Code, with any liens, claims and encumbrances to
attach to the proceeds of the Sale.
The Net Sale Proceeds will be used to make the distributions under
the Plan. The Property has been appraised at more than $200
Million, and the Debtors expect to receive sufficient funds to pay
all Creditors in full and make a significant Distribution to the
Equity Interest Holders.
On or before October 10, 2025, the Debtors will file a motion
seeking authority to conduct an auction of the Property with a
professional auctioneer, with such auction to occur on or before
December 19, 2025. In the event that the Debtors execute a purchase
agreement with a private buyer prior to the scheduled auction,
which the Debtors believe in their business judgment is higher and
better than the offer they would realize in an auction, the Debtors
will seek authority from the Bankruptcy Court to cancel the auction
and close with the buyer in a Private Sale.
The Plan is a "waterfall" plan. Each class of Creditors will be
paid in full before the next class is paid, all in accordance with
the priority scheme set forth in the Bankruptcy Code. The Creditors
will be paid on a Pro Rata basis if there are insufficient funds to
pay them in full on the Initial Distribution Date, and the Debtors
will make subsequent Distributions as additional funds are
realized.
The Net Sale Proceeds received for the Property and the outcome of
the Cirrus Litigation will determine the amounts available for
distribution. The Debtors believe that all Allowed Claims will be
paid in full, but it is possible that the General Unsecured
Creditors will receive less than the full amount of their Claims or
no Distribution if the Net Sales Proceeds are insufficient, the
Debtors are unsuccessful in the Cirrus Litigation, there is less
Cash than anticipated and/or if the Allowed Claims are higher than
estimated.
The Class 3 General Unsecured Claims against 340 include all
Allowed Claims of General Unsecured Creditors that are not General
Administrative Claims, Claims entitled to Priority, or Class 1
Claims. The Unsecured Creditors shall be paid on account of their
Allowed Claims on the Initial Distribution Date on a Pro Rata basis
after setting aside funds sufficient to pay anticipated General
Administrative Claims, and payment in full of the Allowed General
Administrative Claims, Priority Claims, Priority Tax Claims, and
Class 1 and 2 Claims are paid in full or funds are escrowed for the
Class 1 Claim.
In the event that 340 receives payment from the Cirrus Litigation
or any other Litigation Proceeds, or Cash from any other source,
340 will make a second Distribution to Class 3 Creditors who did
not receive payment in full on the Initial Distribution Date, and
will make the second Distribution on a Pro Rata basis after setting
aside funds sufficient to pay anticipated General Administrative
Claims. In the event 340 has sufficient Cash to pay the Class 3
Creditors in full, it will make additional Distributions until they
are paid in full.
In the event that there are sufficient funds to pay the Class 3
Claims in full with interest, the General Unsecured Creditors will
be paid interest on their Allowed Claims at the federal post
judgment interest rate of 3.61% with such interest accruing from
the Petition Date until paid in full. The total amount of General
Unsecured Claims asserted against 340 is approximately $700,000
based on the Schedules and Proofs of Claim filed, other than any
potential Deficiency Claims and Rejection Damage Claims. Class 3 is
impaired.
Class Six consists of Allowed General Unsecured Creditors Against
BH. The General Unsecured claims of BH include all Allowed claims
of Unsecured Creditors against BH that are not part of Class 1, 2,
3, 4 or 5 and any Deficiency Claim of Cirrus. The Class 6 Unsecured
Creditors shall be paid on a Pro Rata basis from any Cash BH
receives on account of its Class 4 Claim on the later of (a) ten
days after payment to BH on account of its Class 4 Claim and (b) a
date that is no more than 10 days after entry of a Final Order
allowing their claim. The total amount of Claims asserted is
approximately $25,000. Class 6 is impaired.
The Debtors' Property shall be liquidated, and there shall be no
further operations, other than the maintenance of the corporate
structure and the payment of claims under the Plan.
A full-text copy of the Second Amended Joint Disclosure Statement
dated October 1, 2025 is available at
https://urlcurt.com/u?l=AOGIV3 from PacerMonitor.com at no charge.
Counsel for the Debtors:
Pardo Jackson Gainsburg & Shelowitz, PL
Linda Worton Jackson, Esq.
Linsey M. Lovell, Esq.
100 Southeast 2nd Street, Suite 2050
Miami, Florida 33131
Telephone: (305) 358-1001
Facsimile: (305) 358-2001
Email: LJackson@pardojackson.com
LLovell@pardojackson.com
sramos@pardojackson.com
About BH Downtown Miami
BH Downtown Miami, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-23028) on Dec. 13,
2024. In its petition, the Debtor reported estimated assets between
$100 million and $500 million and estimated liabilities between $50
million and $100 million.
Judge Laurel M. Isicoff oversees the case.
The Debtor tapped Pardo Jackson Gainsburg & Shelowitz, PL as
counsel and Gould & Pakter Associates, LLC as financial expert.
BIOXCEL THERAPEUTICS: Integrated Core, Three Others Hold 5.2% Stake
-------------------------------------------------------------------
Integrated Core Strategies (US) LLC, Millennium Management LLC,
Millennium Group Management LLC, and Israel A. Englander, disclosed
in a Schedule 13G filed with the U.S. Securities and Exchange
Commission that as of September 29, 2025, they beneficially own
1,026,054 shares (Integrated Core Strategies) and 1,028,053 shares
(Millennium Management, Millennium Group Management, and Israel A.
Englander) of BioXcel Therapeutics, Inc.'s Common Stock, $0.001 par
value, representing approximately 5.2% of the outstanding shares.
Integrated Core Strategies may be reached through:
Gil Raviv, Global General Counsel
Integrated Core Strategies (US) LLC / Millennium Management LLC
/ Millennium Group Management LLC
399 Park Avenue
New York, N.Y. 10022
Tel: (212) 841-4100
A full-text copy of Schedule 13G's SEC report is available at:
https://tinyurl.com/6aard738
About BioXcel Therapeutics
Headquartered in New Haven, Conn., BioXcel Therapeutics, Inc., is a
biopharmaceutical company utilizing artificial intelligence to
develop transformative medicines in neuroscience and, through the
Company's wholly owned subsidiary, OnkosXcel Therapeutics LLC,
immuno-oncology. The Company is focused on utilizing cutting-edge
technology and innovative research to develop high-value
therapeutics aimed at transforming patients' lives. The Company
employs various AI platforms to reduce therapeutic development
costs and potentially accelerate development timelines.
Stamford, Conn.-based Ernst & Young LLP, the Company's auditor
since 2021, issued a "going concern" qualification in its report
dated March 28, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company has suffered recurring losses from operations, has used
significant cash in operations and has stated that substantial
doubt exists about the Company's ability to continue as a going
concern.
As of June 30, 2025, the Company had $25.8 million in total assets,
against $133.5 million in total liabilities.
BISCUIT BAR: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
The Biscuit Bar, LLC received interim approval from the U.S.
Bankruptcy Court for the Northern District of Texas, Dallas
Division, to use cash collateral pending the final hearing on
November 19.
The interim order authorized the Debtor to use cash collateral to
fund operations in accordance with its budget, subject to a 5%
variance per line item and a 10% overall variance.
As adequate protection, secured creditors will be granted
replacement liens on post-petition assets of the Debtor including
cash collateral, with the same priority and extent as their
pre-bankruptcy liens.
The replacement liens do not apply to any Chapter 5 causes of
action.
To the extent they are valid, senior, perfected and unavoidable,
statutory tax liens held by the Texas Comptroller of Public
Accounts, Dallas County, Taylor County, and any other Texas
appraisal district, will not be subordinated to or primed by any
liens granted pursuant to the interim order.
Biscuit Bar is the parent company of TBB Deep Ellum, LLC and other
operating TBB entities, which filed Chapter 11 cases on. It is not
an operating entity but derives all its cash to pay its bills from
the operating TBB entities.
About The Biscuit Bar LLC
The Biscuit Bar LLC, together with its subsidiaries, operates
restaurant businesses offering food and beverages to customers both
on-site and through its website and app, sourcing raw materials
primarily from Sysco, and generating revenue mainly from prepared
menu items including biscuits, sides, salads, and kids' meals.
The Biscuit Bar sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-33848) on October 2,
2025. In its petition, the Debtor reported up to $100,000 in assets
and between $1 million and $10 million in liabilities.
Honorable Bankruptcy Judge Scott W. Everett handles the case.
The Debtor is represented by Jacob J. King, Esq., at Munsch Hardt
Kopf & Harr, P.C.
BOKQUA LLC: Aurora Property Sale to N. Salas Nunez & A. Cruz OK'd
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Colorado has
permitted Bokqua LLC to sell Property located at 3735 S. Lewiston
Street, Aurora, Colorado 80013, free and clear of liens, claims,
interests, and encumbrances.
The Debtor is a Colorado limited liability company that owns and
leases real property comprised of single family homes and
condominium properties in Colorado. As of the Petition Date, the
Debtor held approximately 160 properties.
The 3735 S. Lewiston Property is among the properties owned and
managed by the Debtor, and is comprised of improved real property
with a single family residence.
The Court has authorized the Debtor to sell the Property to Nora
Salas Nunez and Alberto Hernandez Cruz with purchase price of
$480,000.
The Court held that the sale price of $480,000 is fair and
reasonable; is in the best interests of the Debtor's creditors and
estate; constitutes full and adequate consideration and reasonably
equivalent value for the 3735 S. Lewiston Property; and will
provide a greater recovery for the Debtor's creditors and other
interested parties than would be provided by any other practically
available alternative.
The sale of the Property is the product of an arm's length
negotiation after a full marketing and sale process conducted by a
licensed real estate broker that has been duly employed by the
Court.
The Debtor is authorized to pay following creditors and/or costs at
closing on the sale, subject to any payoff statements provided to
the applicable title company prior to closing:
-- Minimum Amount paid to Toorak Capital - $398,269.261
-- 2025 Prorated County Taxes - $1,979.36
-- 2024 County Taxes - $2,733.15
-- Repair Costs- $29,283.45
-- Solar Lease Payoff - $8,919.78
-- Cost of Sale Including Commission - $38,815.00
Toorak has provided sufficient consent to the sale such that no
further notice of the sale must be given to creditors, and the
Order shall become effective immediately.
About Bokqua LLC
Bokqua LLC is a real estate investment company that owns and
manages residential properties in the Denver metropolitan area. The
Company operates in association with BVRE, a property management
firm based in Denver, Colorado.
Bokqua LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Col. Case No. 25-14846) on July 31, 2025. In its
petition, the Debtor reports estimated assets between $10 million
and $50 million and estimated liabilities between $50 million and
$100 million.
Honorable Bankruptcy Judge Michael E. Romero handles the case.
The Debtor is represented by Jeffrey S. Brinen, Esq. at KUTNER
BRINEN DICKEY RILEY.
BOKQUA LLC: To Sell Odessa Property to Z. & R. DeLoach for $555K
----------------------------------------------------------------
Bokqua LLC seeks permission from the U.S. Bankruptcy Court for the
District of Colorado, to sell Property, free and clear of liens,
claims, interests, and encumbrances.
The Debtor's improved real property located at 4050 S. Odessa
Street, Aurora, CO 80013.
The Debtor is a Colorado limited liability company that owns and
leases real property comprised of single family homes and
condominium properties in Colorado. As of the Petition Date, the
Debtor held approximately 160 properties.
The 4050 S. Odessa Property is among the properties owned and
managed by the Debtor, and is comprised of improved real property
with a single family residence.
On September 30, 2025, the Debtor entered into a Contract to Buy
and Sell Real Estate, for the sale of the 4050 S. Odessa Property.
The Property is subject to a first lien in favor of Genesis
Capital, LLC and is one of the many properties securing Genesis'
claim, which amounted to approximately $70 million as of the
Petition Date.
The Debtor seeks authorization to sell the 4050 S. Odessa Property
to Zachary and Rachel DeLoach for a sale price of $555,000 and
further seeks authority to pay certain claims and set aside certain
funds for payment of taxes upon closing of the sale.
The Debtor claims that a sound business reason exists for the sale.
The sale will result in a reduction of Genesis' claim and will
result in reduction of overall property holdings. The sale of
properties that are part of Genesis’s collateral package will
reduce the collateral to funds and will avoid the possibility of
adverse events occurring with respect to the 4050 S. Odessa
Property. The Property is not occupied and is not generating any
revenue for the Debtor. As such, the sale of the Property is in the
best interests of the Debtor, its estate, and its creditors.
The Debtor is marketing and selling the 4050 S. Odessa Property
through a licensed Colorado broker. The sale is the product of an
arms-length transaction as a result of the broker's marketing
efforts.
The anticipated sale price is reasonable. The Debtor is seeking
approval of the sale for $555,000 which is slightly less than the
initial list price and is fair based on the current market
environment.
The Buyer is proceeding in good faith in an arm’s length
transaction. The Buyer is purchasing the 4050 S. Odessa Property
for at least fair market value and is the product of arm's length
negotiations between the parties. Any prospective buyer will
therefore be proceeding in good faith.
About Bokqua LLC
Bokqua, LLC is a real estate investment company that owns and
manages residential properties in the Denver metropolitan area. The
Company operates in association with BVRE, a property management
firm based in Denver, Colorado.
Bokqua sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Col. Case No. 25-14846) on July 31, 2025. In its
petition, the Debtor reported between $10 million and $50 million
in assets and between $50 million and $100 million in liabilities.
Honorable Bankruptcy Judge Michael E. Romero handles the case.
The Debtor is represented by Jeffrey S. Brinen, Esq., at
KutnerBrinen Dickey Riley, P.C.
BOSQUE BREWING: Section 341(a) Meeting of Creditors on November 6
-----------------------------------------------------------------
On October 6, 2025, Bosque Brewing Co. LLC filed Chapter 11
protection in the District of New Mexico. According to court
filing, the Debtor reports between $10 million and $50 million in
debt owed to 100 and 199 creditors. The petition states funds will
be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on November
6, 2025 at 09:30 AM at US Trustee: Teleconference # 1-888-330-1716,
Passcode: 3003165.
About Bosque Brewing Co. LLC
Bosque Brewing Co. LLC, doing business as Restoration Pizza and The
Drinkery, operates as a craft brewery and hospitality company based
in Albuquerque, New Mexico. The Company produces and sells a range
of craft beers at its brewery and taproom while also offering
dining experiences through Restoration Pizza and a 21+
beverage-focused environment at The Drinkery. It serves the
Albuquerque area with a focus on local community engagement and
multiple on-site operations.
Bosque Brewing Co. LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.M. Case No. 25-11236) on October 6,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between $10
million and $50 million.
Honorable Bankruptcy Judge Robert H. Jacobvitz handles the case.
The Debtor is represented by Chris Gatton, Esq. of GATTON &
ASSOCIATES, P.C.
BOXLIGHT CORP: L1 Capital Holds 7.8% of Class A Common Shares
-------------------------------------------------------------
L1 Capital Global Opportunities Master Fund, Ltd., disclosed in a
Schedule 13G filed with the U.S. Securities and Exchange Commission
that as of September 24, 2025, it beneficially owns 430,000 shares
of Boxlight Corp's Class A Common Stock, $0.0001 par value,
representing approximately 7.8% of the outstanding Class A Common
Stock, based on 5,512,319 shares outstanding). The shares are held
under sole voting and dispositive power by the reporting person.
L1 Capital may be reached through:
David Feldman, Director
161A Shedden Road, 1 Artillery Court, PO Box 10085
Grand Cayman, Cayman Islands KY1-1001
Tel: 646-688-5654
A full-text copy of L1's SEC report is available at:
https://tinyurl.com/5a7kveya
About Boxlight Corp
Boxlight Corporation, based in Duluth, Georgia, develops, sells,
and services interactive technology solutions primarily for the
education sector, with additional offerings for corporate and
government clients. The Company designs, produces, and distributes
interactive and non-interactive flat-panel displays, LED video
walls, classroom audio systems, cameras, peripherals, STEM
products, and software integrated into a classroom suite for
learning, assessment, and collaboration. Boxlight sells its
products through over 1,000 global reseller partners, reaching more
than 1.5 million classrooms and meeting spaces in over 70
countries.
In its audit report dated March 28, 2025, Forvis Mazars, LLP issued
a "going concern" qualification citing that the Company has
identified certain conditions relating to its outstanding debt and
Series B and C Preferred Stock that are outside the control of the
Company. In addition, the Company has generated recent losses.
These factors, among others, raise substantial doubt regarding the
Company's ability to continue as a going concern.
The Company's Term Loan, which has an outstanding balance of $39.0
million as of June 30, 2025, matures on Dec. 31, 2025. As of June
30, 2025, the Company's short-term debt will mature within the six
months. The Company said it is seeking to refinance its debt with
new lenders but noted there is no guarantee the effort will succeed
before the Term Loan matures, at which point all amounts will be
due.
As of June 30, 2025, the Company had cash and cash equivalents of
$7.6 million, a working capital balance of ($0.5) million, and a
current ratio of 0.99. Boxlight reported total assets of $99.20
million, total liabilities of $91.32 million, total mezzanine
equity of $28.51 million, and a total stockholders' deficit of
$20.63 million.
BROOKDALE SENIOR: Nikolas Stengle Appointed as CEO, Director
------------------------------------------------------------
Brookdale Senior Living Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Board of
Directors appointed Nikolas W. Stengle as the Company's Chief
Executive Officer effective October 6, 2025.
In addition, the Board also increased the number of directors of
the Company to nine directors and appointed Mr. Stengle as a member
of the Board to fill the resulting vacancy, effective October 6,
2025, for a term scheduled to expire at the 2026 annual meeting of
stockholders and until his successor is duly elected and qualified,
or until his earlier resignation or removal. Mr. Stengle will serve
as the Company's principal executive officer effective upon his
appointment.
Mr. Stengle, age 49, joins the Company from Gentiva where he served
as President and Chief Operating Officer since August 2022.
Previously, he served as Executive Vice President and Chief
Operating Officer for Kindred at Home, a predecessor to Gentiva,
from January 2020 to August 2021. In addition, from August 2021 to
August 2022, Mr. Stengle served as Executive Vice President and
Chief Operating Officer for Sunrise Senior Living LLC. Prior to
2020, he served as a member of the portfolio operations team for
TPG Capital. He also previously served as Senior Vice President of
Operations for HMSHost International, as Vice President of Global
Operations for Marriott International, and as project leader for
the Boston Consulting Group. Mr. Stengle also served 11 years in
the United States Air Force, holding multiple positions during his
service, including as a Top Gun Instructor Pilot, Combat Fighter
Pilot, Flight Commander, and Deputy Director of Operations after
graduating from the U.S. Air Force Academy with academic and
military honors. Mr. Stengle earned an M.B.A. from Touro
University.
There are no family relationships, as defined in Item 401 of
Regulation S-K, between Mr. Stengle and any of the Company's
executive officers or directors. Mr. Stengle has not engaged in any
transaction with the Company during the last fiscal year, and does
not propose to engage in any transaction, that would be reportable
under Item 404(a) of Regulation S-K. There is no arrangement or
understanding between Mr. Stengle and any other person pursuant to
which he was appointed to serve as Chief Executive Officer and a
director.
On October 1, 2025, the Company entered into an employment
agreement with Mr. Stengle reflecting the terms and conditions of
his role as the Chief Executive Officer of the Company, effective
on October 6, 2025. The Employment Agreement has a three-year term,
subject to automatic extensions for additional one-year periods,
unless either Mr. Stengle or the Company gives written notice of
non-renewal to the other no less than 90 days prior to the
expiration of the term. The Employment Agreement provides an
initial base salary of $950,000 per year.
His base salary shall be reviewed annually, with the first annual
review to occur with respect to base salary effective as of January
1, 2027, and may be increased from time to time at the Board's sole
discretion, but in no event shall the base salary be reduced
without Mr. Stengle's written approval. Mr. Stengle will have an
annual cash bonus opportunity target of 140% of cumulative base
salary paid during the calendar year, subject to the terms of the
Company's incentive compensation plan for senior executive
officers. He will also receive a cash sign-on bonus of $370,000 to
be paid in January 2026.
At least annually, Mr. Stengle will be considered for an award of
long-term incentive awards at a level commensurate with his
position and in a form and on terms no less favorable than as
provided to other senior executive officers of the Company, and his
long-term incentive awards for 2026 will have an aggregate target
grant value of $4,650,000. In addition, Mr. Stengle will receive
assistance with relocation to the Nashville, Tennessee area and
other customary benefits.
In connection with his appointment, on October 6, 2025, Mr. Stengle
will be granted restricted stock units under the Brookdale Senior
Living Inc. 2024 Omnibus Incentive Plan with an aggregate target
grant value of (x) $1,162,500, which is a prorated amount of his
anticipated 2026 awards, and (y) $2,000,000, which is a special
one-time inducement grant.
* 40% of the awards will consist of time-based RSUs, eligible
to vest ratably in three installments on October 6, 2026, 2027, and
2028, subject to continued employment.
* 60% of the awards will consist of performance-based RSUs,
eligible to vest on October 6, 2028, subject to continued
employment and the achievement of certain stock price hurdles.
The performance-based awards may be earned from 0% to 300% of the
target number of performance-based RSUs based on the Company's
average closing stock price over the 20-trading days ending on
October 5, 2028. Performance below threshold results in no RSUs
vesting, achievement of the targeted level of performance will
result in the vesting of 100% of such shares, and vesting
percentages will be interpolated between the applicable levels
outlined in the long-term incentive award agreement.
The Employment Agreement provides that, in the event Mr. Stengle's
employment is terminated by the Company for "cause" or he resigns
without "good reason" (each as defined therein), he will be
entitled to receive:
(i) accrued base salary through the date of termination;
(ii) any annual bonus earned but unpaid as of the date of
termination for any previously completed calendar year;
(iii) reimbursement for any properly incurred business expenses;
and
(iv) benefits, if any, to which he may be entitled under the
Company's benefits plans.
In the event Mr. Stengle's employment is terminated by the Company
without cause or he resigns for good reason, other than within 18
months following a "change in control" as defined in the Employment
Agreement, he will be entitled to receive the Accrued Benefits and,
upon signing a release of claims and continuing to comply with all
applicable restrictive covenants, the following severance payments
and benefits:
(i) 150% of his base salary and target annual bonus for the
year of termination, paid in installments over 18 months;
(ii) an annual bonus for the year of termination (to the extent
earned under the terms of the bonus plan), pro-rated based on the
number of days he was employed by the Company; and
(iii) if then eligible for, and he elects continuation of health
coverage under COBRA, the Company will pay the employer portion of
his COBRA premium payments for up to 18 months as if he were still
an active employee of the Company.
If Mr. Stengle's employment is terminated by reason of his death or
"disability" (as defined in the Employment Agreement), he (or his
beneficiary or estate, as applicable) will be entitled to receive
the Accrued Benefits and the Pro-Rated Annual Bonus, subject, in
the event of termination by reason of disability, to Mr. Stengle's
signing a release of claims and continuing to comply with all
applicable restrictive covenants.
In the event Mr. Stengle's employment is terminated by the Company
without cause, or by Mr. Stengle for good reason, within 18 months
following a change in control, he will be entitled to receive the
Accrued Benefits and, subject to his signing a release of claims
and continuing to comply with all applicable restrictive
covenants:
(i) 200% of the sum of his base salary and the target bonus
for the year of termination, paid in a lump-sum upon termination;
(ii) the target bonus for the year of termination, pro-rated
based on the number of days he was employed by the Company during
such year, paid in a lump-sum upon termination; and
(iii) the Severance Benefits.
Termination of Mr. Stengle's employment within 30 days of the end
of the initial term or any renewal term of the Employment Agreement
following the provision of written notice of non-renewal by the
Company will be treated as a termination of Mr. Stengle's
employment without cause for purposes of the Employment Agreement
and for purposes of any long-term incentive awards granted to Mr.
Stengle during the term of the Employment Agreement.
With respect to any termination of Mr. Stengle's employment,
treatment of long-term incentive awards will be as provided in the
applicable award agreement governing such awards.
Any payments that are not deductible to the Company under Section
280G of the Internal Revenue Code will be cut back only to the
extent that the cutback results in a better after-tax position for
Mr. Stengle.
The Employment Agreement contains non-competition,
non-solicitation, confidentiality, and mutual non-disparagement
covenants. The non-competition restrictions will continue in effect
during Mr. Stengle's employment and for one year following
termination of employment. The non-solicitation restrictions will
continue in effect during his employment and for two years
following his termination of employment. The confidentiality and
mutual non-disparagement obligations will apply during his
employment and thereafter.
A copy of the Employment Agreement is available at
https://tinyurl.com/bddc7h5d
The Company will enter into an Indemnification Agreement with Mr.
Stengle in substantially the form of the Form Indemnification
Agreement for Directors and Officers filed by the Company with the
Securities and Exchange Commission on February 28, 2011 as an
exhibit to the Company's Annual Report on Form 10-K for the fiscal
year ended December 31, 2010.
In connection with the appointment of Mr. Stengle, the Company's
current Interim Chief Executive Officer, Denise W. Warren, will
resume serving as the Company's Non-Executive Chairman of the Board
and the Office of the CEO will dissolve, each as of October 6,
2025.
Following Mr. Stengle's appointment, the Board has determined that
Mr. Warren again will qualify as an independent director under the
listing standards of the New York Stock Exchange and applicable
Securities and Exchange Commission rules. Each of Dawn L. Kussow,
Executive Vice President and Chief Financial Officer of the
Company, and Chad C. White, Executive Vice President, General
Counsel and Secretary of the Company, the other members of the
Office of the CEO, will remain in their current positions with the
Company following the dissolution of the Office of the CEO.
About Brookdale Senior Living
Headquartered in Brentwood, Tenn., Brookdale Senior Living Inc.
operates senior living facilities in the United States.
As of June 30, 2024, Soluna Holdings had $6.14 billion in total
assets, $6.03 billion in total liabilities, and $106.78 million in
total equity.
* * *
Egan-Jones Ratings Company on June 16, 2025, maintained its 'CC'
foreign currency and local currency senior unsecured ratings on
debt issued by Brookdale Senior Living Inc.
BROTHER JOHN'S: Files Emergency Bid to Use Cash Collateral
----------------------------------------------------------
Brother John's BBQ, LLC asks the U.S. Bankruptcy Court for the
District of Arizona for authority to use cash collateral and
provide adequate protection.
The Debtor needs to use cash collateral to pay critical
post-petition operating expenses as outlined in the budget.
The Debtor operates from three leased locations in Tucson: a
restaurant, an event catering business, and a commercial kitchen.
As of the filing date, the Debtor employed 36 people (33 W-2
employees and three independent contractors).
A Uniform Commercial Code lien search identified multiple creditors
with filed liens against the Debtor's assets, including the U.S.
Small Business Administration and other secured creditors. While
the Debtor is still determining the validity and extent of these
liens, it proposes using business income in accordance with its
budget, allowing for a 20% variance.
The Debtor argues that the Lenders will be adequately protected
through two mechanisms: (1) the preservation of the going-concern
value of the business, which enhances the value of the Lenders'
collateral, and (2) the granting of replacement liens on
post-petition assets.
The Debtor's financial troubles stem from a seasonal revenue
downturn during Tucson's summer months, prompting it to rely on
high-interest loans from merchant cash advance lenders. These MCA
lenders have been sweeping the Debtor's bank accounts, worsening
its cash flow. A failed attempt to consolidate debt with Coastal
Debt Resolve led to further issues when Coastal diverted the
Debtor's credit card revenue to a separate LLC, exacerbating the
Debtor's financial instability. To regain control of its accounts
and restructure its debt, the Debtor filed for bankruptcy.
A court hearing is set for October 22.
About Brother John's BBQ LLC
Brother John's BBQ, LLC operates a restaurant, an event catering
business, and a commercial kitchen.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 4:25-bk-09288) on
September 30, 2025. In the petition signed by David Aldecoa,
managing member, the Debtor disclosed up to $ million in both
assets and liabilities.
Jody A. Corrales, Esq., at DeConcini McDonald Yetwin & Lacy, P.C.,
represents the Debtor as legal counsel.
BURGER BOSSCO: S&P Withdraws 'CCC+' Issuer Credit Rating
--------------------------------------------------------
S&P Global Ratings withdrew its 'CCC+' issuer credit ratings on
Burger BossCo Intermediate Inc. and its subsidiary, Checkers
Holdings Inc., at the issuer's request following the completion of
its private refinancing. At the time of the withdrawal, our outlook
on the company was negative.
At the same time, we withdrew our 'B' issue-level rating and '1'
recovery rating on the company's first-out delay draw loan and our
'CCC+' issue-level rating and '3' recovery rating on its last-out
loan because it has repaid all its rated debt facilities.
BURGERFI INT'L: $120,000 Cash Belongs to DIP Lender, Court Says
---------------------------------------------------------------
Judge Craig T. Goldblatt of the United States Bankruptcy Court for
the District of Delaware granted in part and denied in part the
motion of BurgerFi International, Inc.'s liquidating trust for an
order that would clarify the confirmed plan of reorganization.
The debtors in these bankruptcy cases were the owners, operators,
and franchisors of two restaurant chains -- BurgerFi and Anthony's
Coal Fired Pizza & Wings. The debtors filed these bankruptcy cases
in September 2024, owing approximately $75 million to groups of
secured creditors:
-- about $60 million to TREW, their senior lender, and
-- additional $15 million to a junior lender.
The debtors had marketed their businesses prepetition and filed for
bankruptcy seeking to complete a sale process.
TREW agreed to provide a debtor-in-possession loan to finance an
expedited bankruptcy process under which it intended to acquire the
debtors' businesses by credit bidding its prepetition and DIP
loans. Beginning after the formation of the Committee and running
through a "second-day" hearing, the debtors, the Committee, and
TREW agreed to a slightly longer process that would be funded by a
slightly larger DIP loan than originally proposed. In the end, the
Court approved a DIP loan of approximately $6.75 million in new
money and a sales process that would run through a sale hearing in
early November -- about 60 days after the petition date.
The debtors, the Committee, and TREW agreed to a budget that the
parties believed would be sufficient to pay administrative expenses
until the closing of the asset sales, with cash left behind to fund
the plan process. The agreement further contemplated that TREW --
if it were the winning bidder -- would contribute $250,000 to fund
the post-confirmation trust. The parties agreed that the buyer --
whether TREW or another winning bidder -- would be responsible for
the costs associated with operating the businesses upon and after
the closing of the sale. The parties also agreed that certain
estate causes of action would be contributed to the
post-confirmation trust, and they agreed on a formula for sharing
the proceeds of any recoveries on those causes of action between
general unsecured creditors and TREW, which would recover its share
of those proceeds -- 40% of recoveries after other unsecured
creditors receive distributions of $350,000 -- until its deficiency
claim was paid in full.
The bankruptcy process appears to have operated as intended, with
competitive auctions taking place for the assets related to both
the BurgerFi business and the Anthony's Coal Fired Pizza business.
TREW, however, emerged as the successful bidder for both businesses
-- acquiring the BurgerFi assets for a credit bid of $10 million
and the Anthony's Coal Fired Pizza business for a credit bid of $44
million.
Both sales were approved by the Court and closed in November 2024.
The Court confirmed a plan, which was broadly consistent with the
agreement described by the parties at the October 2024 second-day
hearing, in March 2025.
Following confirmation, a dispute arose between TREW and the
post-confirmation trust over the parties' rights with respect to:
(a) certain unearned insurance premiums (in the amount of
approximately $885,000) that were paid by the debtors and that the
estates are entitled to have refunded; and
(b) approximately $120,000 in cash that was reserved for wind
down expenses but, because the parties had budgeted conservatively,
not paid.
The liquidating trustee moved that the confirmed plan be
"clarified" to make clear these amounts are the property of the
liquidating trust.
This dispute is primarily about the terms of various court-approved
agreements: the DIP loan, the asset purchase agreements, and the
plan.
The plan envisioned that administrative expenses and other priority
claims would be paid out of cash the debtors were holding on the
effective date of the plan, with the balance paid to TREW in
satisfaction of its secured claim. Cash the trust might thereafter
receive would be distributed in accordance with the plan. One key
provision of that plan is an agreed "waterfall" that reflects the
settlement among TREW, the Committee, and the debtors.
The parties dispute whether either the approximately $880,000 it
expects to receive or the $120,000 in cash the trust is holding is
even subject to this distribution mechanic.
While TREW acquired substantially all of the assets of the BurgerFi
and Anthony's Coal Fired Pizza businesses, it also:
(a) financed the cost of the bankruptcy cases through the DIP
loan;
(b) left cash in the debtors after the closing of the sale to
permit the completion of the plan process;
(c) funded the post-confirmation trust with $250,000; and
(d) agreed to a sharing of the proceeds of estate causes of
action and to a subordination of at least certain of its own
recoveries to the claims of unsecured creditors.
TREW's principal contention is that the unearned insurance premiums
were assets that they purchased from the debtors when they acquired
the assets of the BurgerFi and Anthony's Coal Fired Pizza entities,
and that those assets therefore do not belong to the liquidating
trust.
The parties filed a cash collateral budget, after the closing of
the sale, that provided that the debtors would retain approximately
$800,000 of cash collateral to reserve for the remaining
administrative obligations through the plan's effective date.
As it turns out, however, the budget was a conservative one, and
approximately $120,000 in cash remained in the accounts when the
plan became effective. TREW contends that this amount is its cash
collateral under the DIP loan, and that it is now entitled to that
cash. The liquidating trust counters that the DIP loan was fully
repaid via the lenders' credit bidding the DIP to acquire the
debtors' assets, and that the liquidating trust is accordingly
entitled to those funds. Relatedly the DIP loan itself provides
that the debtors were responsible for the payment of the lender's
fees. TREW has submitted invoices to the liquidating trust seeking
the payment of approximately $195,000 in such fees.
The Court concludes that the unambiguous text of the plan provides
that the assets that come into the estate after the effective date
(including the unearned insurance premiums) are subject to the
plan's term stating that the liquidating trust's expenses must be
paid or reserved for before the funds flow through to the secured
creditor. The Court finds these insurance premiums are specifically
identified in the "excluded assets" provision in Sec. 2.2, which
provides that for the avoidance of doubt unearned or refunded
insurance policy premiums are "excluded assets". As such, the
unearned insurance premiums were not purchased by TREW.
Accordingly, these premiums became trust property.
The Court rejects, however, the liquidating trust's contention that
the plan subordinates the secured creditor's recovery on account of
its collateral until unsecured creditors receive $350,000 in
distributions. With respect to the $120,000 of cash, however, the
language and context of the agreement make clear that these funds
are collateral that secures remaining obligations under the DIP
loan, including various lender fees.
A copy of the Court's Memorandum Opinion dated October 2, 2025, is
available at https://urlcurt.com/u?l=lQw8bq from PacerMonitor.com.
About BurgerFi Int'l
BurgerFi International, Inc. (NASDAQ:BFI) is a multi-brand
restaurant company that develops, markets, and acquires fast casual
and premium-casual dining restaurant concepts around the world,
including corporate-owned stores and franchises. BurgerFi
International, Inc. is the owner and franchisor of two brands with
a combined 144 locations: (i) Anthony's, a premium pizza and wing
brand with 51 restaurants (50 corporate-owned casual restaurant
locations and one dual brand franchise location), as of Sept. 10,
2024, and (ii) BurgerFi, among the nation's fast-casual better
burger concepts with 93 BurgerFi restaurants (76 franchised and 17
corporate-owned) as of Sept. 10, 2024.
BurgerFi International, Inc., and 114 affiliated debtors filed
voluntary petitions for relief under Chapter 11 of the United
States Bankruptcy Code on Sept. 11, 2024 (Bankr. D. Del. Lead Case
No. 24-12017). The Honorable Judge Craig T. Goldblatt presided
over the cases.
Raines Feldman Littrell LLP served as the Debtors' counsel. Force
Ten Partners' Jeremy Rosenthal served as the Company's Chief
Restructuring Officer. Sitrick and Company served as strategic
communications advisor to the Company. Stretto served as the
claims agent.
* * *
TREW, the DIP Lender, was declared the successful bidder for the
BurgerFi business and the Anthony's Coal Fired Pizza business. TREW
acquired the BurgerFi assets for a credit bid of $10 million and
the Anthony's Coal Fired Pizza business for a credit bid of $44
million. Both sales were approved by the Court and closed in
November 2024. The Court confirmed a plan in March 2025. The Plan
established a liquidating trust.
BW HOMECARE: S&P Lowers ICR to 'SD' on Completed Debt Transaction
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on BW Homecare
Holdings LLC, which does business as Elara Caring, to 'SD'
(selective default) from 'CCC' and its issue-level rating on the
company's second-out term loan and third-out term loan to 'D' from
'CC'. S&P also withdrew its rating on the first-out term loan to
reflect its repayment at par.
In the coming days, S&P plans to reevaluate our issuer credit
rating on Elara to reflect its expectation for another distressed
transaction given the company's upcoming maturities.
BW Homecare announced the completion of a debt refinancing and
amendment transaction to support its liquidity position.
As a part of the transaction, an ad hoc group of second-out term
loan lenders agreed to forbear maturity and cash interest through
Jan. 31, 2026, and provide new money to refinance Elara's first-out
term loan at par and add cash to the balance sheet.
In addition, third-out term loan lenders agreed to forbear maturity
and cash interest through Jan. 31, 2026.
S&P said, "We view this transaction as distressed and tantamount to
a default given the company would have otherwise had inadequate
liquidity to support operations. In addition, the second-out and
third-out lenders didn't receive any form of compensation as a part
of the transaction.
"The downgrade follows a transaction that we view as distressed and
tantamount to a default. Prior to the transaction, we viewed
Elara's capital structure as unsustainable given S&P Global
Ratings-adjusted leverage of over 15x, multiple tranches of PIK
debt converting to cash interest in September, and upcoming
maturities in January 2026. In addition, the company's revolver
matures in mid-October. Absent a transaction to support liquidity,
Elara would have been unlikely to fund ongoing operations and debt
service payments. As a part of the transaction, an ad hoc group of
second-out term loan lenders agreed to forbear maturity and cash
interest through Jan. 31, 2026, and provide new money to refinance
Elara's first-out term loan at par and add cash to the balance
sheet.
"Given our prior view of the capital structure and liquidity and
the lack of compensation for the second- and third-out term loan
lenders, we view this transaction as distressed and tantamount to a
default.
"We expect to reevaluate our issuer credit rating on Elara in the
coming days. The amended credit agreement requires Elara to enter a
binding milestone transaction that provides for the full repayment
(par plus accrued interest) of the second-out term by Jan. 31,
2026. Given the company's highly leveraged financial risk profile,
constrained liquidity, and upcoming maturities, we believe another
distressed transaction or a traditional payment default to be
highly likely during this time frame."
C & P AUTO: Section 341(a) Meeting of Creditors on November 6
-------------------------------------------------------------
On October 2, 2025, C & P Auto Service Center Inc. filed Chapter
11 protection in the Northern District of Illinois. According to
court filing, the Debtor reports $1,717,076 in debt owed to 1 and
49 creditors. The petition states funds will be available to
unsecured creditors.
A meeting of creditors under Section 341(a) to be held on November
6, 2025 at 01:30 PM at Appear by Teams.
About C & P Auto Service Center Inc.
C & P Auto Service Center Inc., operating under the trade name
Weber Swift Car Care, provides automotive repair and maintenance
services, including tire sales, routine maintenance, diagnostics,
and general auto repairs.
C & P Auto Service Center Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-15215) on
October 2, 2025. In its petition, the Debtor reports estimated
total assets of $10,600 and total liabilities of $1,717,076.
Honorable Bankruptcy Judge Janet S. Baer handles the case.
The Debtor is represented by David P. Lloyd, Esq. of DAVID P.
LLOYD, LTD.
CABALLITO LLC: Seeks Chapter 11 Bankruptcy in Puerto Rico
---------------------------------------------------------
On October 9, 2025, Caballito LLC voluntarily sought Chapter 11
bankruptcy protection in the U.S. Bankruptcy Court for the District
of Puerto Rico. In its petition, the company disclosed liabilities
ranging from $100,001 to $1 million. The filing also indicates that
the company has an estimated one to forty-nine creditors.
About Caballito LLC
Caballito LLC is a limited liability company.
Caballito LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. P.R. Case No. 25-04578) on October 9, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $100,001 and $1 million each.
Honorable Bankruptcy Judge Mildred Caban handles the case.
The Debtor is represented by Jose M. Prieto Carballo, Esq. of JPC
LAW OFFICE.
CALDERIA INC: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: Calderia, LLC
119 Forest Street
Worcester MA 01609
Case No.: 25-41068
Business Description: The Debtor owns and manages real estate
properties on Nook Road and Summer Street in
Plymouth, Massachusetts, and on South Ridge
Avenue in Kannapolis, North Carolina.
Chapter 11 Petition Date: October 8, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Judge: TBD
Debtor's Counsel: James P. Ehrhard, Esq.
27 Mechanic Street, Worcester MA 01608
Tel: 508-791-8411
Email: ehrhard@ehrhardlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Dawna Thomas-Foote as manager.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/PXF432I/Calderia_LLC__mabke-25-41068__0001.0.pdf?mcid=tGE4TAMA
CALDERIA LLC: Seeks Chapter 11 Bankruptcy in Massachusetts
----------------------------------------------------------
On October 8, 2025, Calderia LLC voluntarily filed for Chapter 11
bankruptcy in the U.S. Bankruptcy Court for the District of
Massachusetts. Court documents show that the company's liabilities
are estimated between $1 million and $10 million. The filing
further indicates that Calderia LLC has between 1 and 49
creditors.
About Calderia LLC
Calderia LLC is a limited liability company.
Calderia LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Mass. Case No. 25-41068) on October 8, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
The Debtor is represented by James P. Ehrhard, Esq., of Ehrhard &
Associates.
CAREVIEW COMMUNICATIONS: Extends Credit Deal Maturity to Dec. 31
----------------------------------------------------------------
As previously reported, CareView Communications, Inc., CareView
Communications, Inc., a Texas corporation and a wholly owned
subsidiary of the Company (the "Borrower"), and PDL Investment
Holdings, LLC (as assignee of PDL BioPharma, Inc.), in its capacity
as administrative agent and lender, entered into that certain
Credit Agreement as of June 26, 2015, which was subsequently
amended by the First Amendment through the Eight Amendment as of
October 7, 2015, February 23, 2018, July 13, 2018, April 9, 2019,
May 15, 2019, February 6, 2020, May 31, 2023, and September 30,
2023 respectively.
On September 30, 2025, the Company, the Borrower, the Lender,
Steven G. Johnson, President and Chief Executive Officer of the
Company, and Dr. James R. Higgins, a director of the Company,
entered into a Twelfth Amendment to Credit Agreement, pursuant to
which the parties agreed to amend the Credit Agreement to:
(i) provide that the Maturity Date shall be extended to
December 31, 2025.
The foregoing descriptions of the Twelfth Amendment to Credit
Agreement are qualified, in their entirety, by reference to such
amendment, a copy of which is available at
https://tinyurl.com/yhzrj28k
About CareView Communications
Headquartered in Lewisville, Texas, CareView Communications, Inc.
-- http://www.care-view.com-- is a provider of products and
on-demand application services for the healthcare industry,
specializing in bedside video monitoring, software tools to improve
hospital communications and operations, and patient education and
entertainment packages.
Somerset, New Jersey-based Rosenberg Rich Baker Berman & Co., the
Company's auditor since 2022, issued a "going concern"
qualification in its report dated March 31, 2025, attached to the
Company's Annual Report on Form 10-K for the fiscal year ended
December 31, 2024, citing that the Company's net losses, cash
outflows, and working capital deficit that raise substantial doubt
about its ability to continue as a going concern. The Company has
experienced net losses and significant cash outflows from cash used
in operating activities over the past years. As of and for the year
ended December 31, 2024, the Company had an accumulated deficit of
approximately $212,586,000, a loss from operations of approximately
$1,577,000, net cash used in operating activities of $(238,652) and
an ending cash balance of $759,266. As of December 31, 2024, the
Company had a working capital deficit of $41,138,868.
As of June 30, 2025, the Company had $5.52 million in total assets,
$47.16 million in total liabilities, and a total stockholders'
deficit of $41.63 million.
CAUSEY STREETER: Case Summary & Four Unsecured Creditors
--------------------------------------------------------
Debtor: Causey Streeter CPAs, LLC
1150 Sanctuary Parkway
Ste. 410
Alpharetta Ga 30009
Case No.: 25-61703
Business Description: Causey-Streeter CPAs, LLC provides
accounting and tax services to high-net-
worth individuals and small businesses,
ranging from basic tax management to
advanced tax planning and reduction
strategies. The firm operates in the United
States and delivers personalized financial
guidance through experienced tax
professionals. Its services include tax
preparation, planning, and consulting
tailored to its clients' individual and
business needs.
Chapter 11 Petition Date: October 7, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Judge: TBD
Debtor's Counsel: William Rountree, Esq.
ROUNTREE, LEITMAN, KLEIN & GEER, LLC
2987 Clairmont Road Suite 350
Atlanta GA 30329
Tel: 404-584-1238
Email: wrountree@rlkglaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Justin Streeter as member.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JEDSBZI/Causey_Streeter_CPAs_LLC__ganbke-25-61703__0001.0.pdf?mcid=tGE4TAMA
CELSIUS HOLDINGS: S&P Rates New $700MM Term Loan B 'BB+'
--------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '1'
recovery rating to Celsius Holdings Inc.'s new $700 million term
loan B.
S&P said, "At the same time, we raised our issue-level rating on
the company's existing $100 million revolving credit facility to
'BB+' from 'BB'. The '1' recovery rating on both facilities
indicates our expectation for very high (90%-100%; rounded
estimate: 90%) recovery for lenders in the event of a payment
default.
"Celsius repaid its existing $900 million term loan B facility
using the proceeds from the new $700 million term loan B, along
with $200 million of cash on hand. The applicable interest margin
on the company's new credit facility is 75 basis points lower than
the prior level. Because we currently net Celsius' accessible cash
against its debt when calculating its S&P Global Ratings-adjusted
debt, we view this transaction as leverage neutral.
"Our 'BB-' issuer credit rating on Celsius is unchanged. The
company's results for the second quarter ended June 30, 2025,
exceeded our expectations due to high demand for its recently
acquired Alani Nu line, paired with Celsius returning closer to its
higher-than-industry growth rates. We continue to project Celsius
will delever closer to 3x by the end of fiscal year 2025."
Issue Ratings--Recovery Analysis
Key analytical factors
Celsius' debt capital structure consists of:
-- a $100 million revolving credit facility (undrawn at close);
and
-- a $700 million first-lien term loan B.
Security and guarantee package
The RCF and term loan B benefit from a perfected first-priority
pledge of all the equity interests directly held by the loan
parties in their respective first-tier domestic subsidiaries and
security interest in substantially all the assets of the loan
parties, subject to customary carve-outs and limitations.
International subsidiaries are nonguarantors of the debt and
first-tier international subsidiaries of loan parties are subject
to a 65% stock pledge.
Insolvency regime
S&P said, "Celsius Holdings is headquartered in Boca Raton, Fla. In
the event of an insolvency proceeding, we anticipate the company
would file for bankruptcy protection under the auspices of the U.S.
federal bankruptcy court system and would not involve other foreign
jurisdictions. We believe the company's creditors would receive
maximum recovery in a payment default scenario if it was
reorganized rather than liquidated because of its leading position
in the U.S. energy drinks market, recognized brand names, national
footprint, established distribution network in partnership with
PepsiCo, and manufacturing facilities. Therefore, in evaluating the
recovery prospects for its debtholders, we assume the company
continues as a going concern and arrive at our emergence enterprise
value by applying a multiple to our assumed emergence EBITDA."
Simulated default assumptions
S&P's simulated default scenario contemplates a potential default
in 2029 stemming from a prolonged economic downturn, heightened
competition from financially robust global beverage companies and
private-label competitors, poor integration execution, the loss of
key clients, and fluctuating input costs. Additionally, evolving
environmental and regulatory risks also contribute to a default
scenario. These factors would likely lead to a substantial
deterioration in Celsius' EBITDA and cash flows, ultimately leading
to a payment default.
Simplified waterfall
-- Debt service assumption: $47 million (assumed default-year
interest expense and amortization)
-- Minimum capital expenditure assumption: $32 million
-- Emergence EBITDA: $79 million
-- Operational adjustment: $47 million
-- Emergence EBITDA after recovery adjustment: $127 million
-- Multiple: 6x
-- Gross recovery value: $759 million
-- Net recovery value for waterfall after 5% administrative
expenses: $721 million
-- Obligor/nonobligor valuation split: 95%/5%
-- Total first-lien secured debt: $783 million
-- Total value available to secured first-lien debt: $721 million
--Recovery expectations: 90%-100% (rounded estimate: 90%)
Note: All debt amounts include six months of prepetition interest.
CENTER FOR SPECIAL: Court OKs Clearwater Property Sale to D. Quirk
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has permitted Michael Goldberg, the Chapter 11 Trustee of
the case for The Center for Special Needs Trust Administration Inc.
to sell Property, owned by Broadleaf Warner LLC, free and clear of
all liens, claims, interests, and encumbrances.
The Debtor is a 501(c)(3) non-profit Florida corporation that
administers pooled trusts and special needs trusts. The Debtor is
the trustee or co-trustee of numerous special needs trusts,
including both stand-alone trusts and pooled trusts for
approximately 2,000 beneficiaries who suffer from various levels of
disability. The Debtor's primary service as trustee of the Trusts
is to manage the Trusts, maintain records for assets managed by
third party investment managers, respond to request for
distributions from Beneficiaries, and make distributions in a
manner that still ensures that the applicable beneficiary meets the
income and asset thresholds to qualify for certain public
assistance benefits, such as Medicaid, Social Security, or
Supplemental Security Income. The Debtor's services help to ensure
that Beneficiaries maintain their qualification for these critical
public assistance benefits.
The Court has authorized the Debtor to sell the Property to Dawn
R. Quirk and Justin J. Bull.
The Sale of real property located at 0000 Pumpkin Hill Road,
Warner, NH 03278, between the Trustee and the Buyers for a total
purchase price of $675,000.00 was the result of arm's-length,
good-faith negotiations.
The Trustee and the Purchaser are proceeding in good faith.
The Purchaser is unrelated to the Trustee, the Debtor, or Leo
Govoni.
The Purchase Price is fair and reasonable.
The Chapter 11 Trustee has authority to sell the Real Property
because he is now the sole member of Broadleaf Warner LLC.
William A. Long, Jr., pursuant to this role as Chief Restructuring
Officer of Broadleaf Warner LLC's parent companies, is allowed to
execute sale documents and any other required documentation in
order to complete the sale of the Real Property.
The Proposed Sale of the Real Property is undertaken by the
Purchaser in good faith and accordingly, the reversal or
modification on appeal of the authorization provided herein to
consummate the sale and any transactions related to the sale shall
not affect the validity of the sale of the Real Property to the
Purchaser or its assigns, unless such authorization is duly stayed
pending such appeal.
About The Center for Special Needs Trust Administration
The Center for Special Needs Trust Administration, Inc. filed
Chapter 11 petition (Bankr. M.D. Fla. Case No. 24-00676) on Feb. 9,
2024, with $100 million to $500 million in both assets and
liabilities.
Judge Roberta A. Colton oversees the case.
Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler, PA
is the Debtor's legal counsel.
On March 4, 2024, the U.S. Trustee appointed an official committee
of unsecured creditors in this Chapter 11 case. The committee
tapped Underwood Murray, PA as bankruptcy counsel and Gilbert
Garcia Group, PA as special counsel.
CHEMTRADE LOGISTICS: DBRS Assigns 'BB' Credit Rating, Trend Stable
------------------------------------------------------------------
DBRS Limited assigns a credit rating of BB with a Stable trend to
Chemtrade Logistics, Inc.'s (Chemtrade or the Company; rated BB
(high), Stable) $250 million of 5.750% Senior Unsecured Notes
issuance (the Notes) due October 1, 2032, which closed on October
1, 2025. The Recovery Rating on the Notes is RR5.
The Company intends to use the net proceeds of the Notes to repay
indebtedness and for general corporate purposes. The Notes are
senior unsecured obligations of the Company and will rank pari
passu in right of payment with all other existing and future senior
unsecured indebtedness, and senior in right of payment to all
existing and future subordinated indebtedness. The Notes will be
effectively subordinated to all existing and future senior secured
indebtedness. The Notes will be fully and unconditionally
guaranteed, jointly and severally, on a senior unsecured basis by
Chemtrade Logistics Income Fund and certain Restricted Affiliates,
which accounted for more than 90% of Chemtrade's total assets and
more than 95% of Chemtrade's total revenue as at and for the
six-month period ended June 30, 2025, and certain future Restricted
Affiliates.
CHICAGO US MIDCO: S&P Assigns 'B' ICR, Outlook Stable
-----------------------------------------------------
On Oct. 8, 2025, S&P Global Ratings assigned its 'B' issuer credit
rating to Chicago US MidCo III, LP (d/b/a NFP Wealth or NFPW). S&P
also assigned its 'B' issue level rating with '3' recovery rating
to its proposed $985 million first lien term loan B, $125 million
revolving credit facility, and $150 million delayed draw term loan
facility (DDTL).
The stable outlook indicates that over the next 12 months, NFPW
will continue to grow organically and through mergers and
acquisitions (M&A), while maintaining S&P Global Ratings adjusted
debt to EBITDA of 6.0x-7.0x and EBITDA interest coverage of
2.0x-3.0x.
The 'B' rating on NFPW reflects its history of organic growth and
integrated operating model, partially offset by limited earnings
scale and average profitability. It also indicates that the company
will maintain leverage of 6.0x-7.0x, as measured by S&P Global
Ratings-adjusted debt to EBITDA.
S&P expects NFPW to continue growing organically and through M&A.
As of March 31, 2025, NFPW had $65 billion in private wealth AUM/A
and $420 billion in institutional AUM/A. The company's average
organic growth is about 9% annually (inclusive of net inflows and
market movement) over the past eight years. NFPW also strategically
focuses on acquisitions and successfully completed 28 acquisitions
since 2019, representing about $80 million of acquired EBITDA. The
rapid growth has helped NFPW increase its market share in the
highly fragmented registered investment advisor (RIA) industry.
NFPW offers its services through various brands, including
Wealthspire, Fiducient, Newport Private Wealth, Ground Control and
NFP Retirement. After the transaction S&P expects the company to
operate through one or more of these brands.
S&P said, "We expect high client and advisor retention to support
the company's AUM growth. NFPW has about 18,100 clients across 290
advisors, as of March 30, 2025. For the same period, advisor
retention was about 95% and client retention was 98%, in line with
peers. The company drives its net new assets primarily through
internal referrals. Its AUM is well diversified by advisor and
region, which we view positively."
NFPW's revenue is largely driven by asset-based fees, but it
benefits from some fixed-fee revenues. NFPW generates revenue from
wealth management and advisory services, which include fees for
performing services such as asset management or advisory services,
financial and tax planning services, consulting and advisory
services related to sponsored retirement plans, business management
services, and other related services.
The revenue stream is primarily fee-based and recuring in nature,
which can fluctuate because of macroeconomic factors and market
volatility. That said, NFPW generates about 35% of its revenue from
fixed fees and hourly billing, uncorrelated to the markets, which
we view favorably.
S&P said, "We view the wealth manager model positively. Similar to
traditional asset managers, wealth managers generate strong free
cash flow and have limited working capital or capital expenditure
demands. We think a wealth manager's capital base is likely to be
more stable than that of a traditional asset manager, since the
business focuses on relationships with high-net-worth and
ultra-high-net-worth clients rather than just asset performance.
"Consequently, while many traditional managers have had prolonged
periods of outflows, wealth managers have consistently garnered new
clients and, hence, new assets. Overall, we view this favorably
because it provides some stability for NFPW's AUM/A base and
visibility into cash flows.
"Offsetting these strengths are NFPW's relatively small scale and
average profitability. While we think the wealth management
industry has solid growth potential, NFPW still lacks the size and
scale of larger wealth managers, such as Focus Financial Partners
(B/Stable/--) and The Edelman Financial Engines (B/Stable/--),
which have much larger earnings bases. However, we believe NFPW's
margins have upside potential due to its fully-integrated business
model, bringing the companies it acquires into one platform for
middle and back office functions. We think this model will help the
company save costs as it grows. We expect EBITDA margins, by our
calculations, to be 25%-30% over the next 12 months.
"We expect NFPW's S&P Global Ratings-adjusted leverage to be 6x-7x
over the next 12 months. NFPW ended 2024 with leverage of 1.2x.
With the incremental debt from the proposed transaction, we expect
leverage to rise sharply to the mid-6.0x range, before declining
slightly in 2026, as NFPW continues to grow. Given its strategic
focus on rapid growth amid consolidation in the broader wealth
manager sector, as well as its private equity ownership, NFPW is,
in our view, comfortable operating with high leverage.
"We expect NFPW to continue making acquisitions, while competition
in the industry keeps acquisition multiples high, pressuring the
returns on NFPW's investments in new RIAs. That said, we expect
incremental debt for acquisitions to be matched by EBITDA growth,
resulting in leverage, pro forma for closed acquisitions, below
7.0x. Our forecast does not assume sizable dividends to be paid to
the financial sponsors, MDP, in the next few years, as the company
prioritizes reinvesting cash into growth.
"We also expect EBITDA interest coverage to be 2.0x-3.0x in the
next 12 months.
"The stable outlook reflects our expectation that NFPW's leverage,
as measured by S&P Global Ratings adjusted debt to EBITDA, will be
6.0x-7.0x, and EBITDA interest coverage will be 2.0x-3.0x, over the
next 12 months, while the company continues to grow its AUM/A.
"We could lower our rating if NFPW's leverage increases above 7.0x
on a sustained basis or EBITDA interest coverage ratio falls below
2.0x on a sustained basis, due to weakening earnings as shown by
sustained net outflows, deteriorating financial markets, or issuing
further debt without commensurate earnings growth.
"We could raise the rating over next 12 months if the company grows
its earnings base and expands margins. We could also raise the
rating on NFPW if leverage declines to below 5.0x on a sustained
basis, and we expect financial policy to support those levels."
CHPPR MIDCO: S&P Upgrades ICR to 'B', Outlook Stable
----------------------------------------------------
S&P Global Ratings raised its issuer credit rating on CHPPR MidCo
Inc. (d/b/a Air Methods) to 'B' from 'B-'. At the same time, S&P
raised its issue-level rating on the company's senior secured term
loan to 'B' from 'B-'. The '3' recovery rating remains unchanged,
indicating its expectation for meaningful (50%-70%; rounded
estimate: 65%) recovery for lenders in the event of a payment
default.
S&P said, "The stable outlook reflects our expectation that CHPPR
will increase its patient transport revenue by the
high-single-digit percent area in 2025 and thereafter due to a
sustained improvement in its net revenue per transport (NRPT) and
increased demand following the completion of its greenfield bases.
The stable outlook also reflects our view that CHPPR will generate
FOCF to debt of more than 5% on an annual basis.
The upgrade reflects CHPPR's improved operational performance,
supported by a favorable reimbursement environment. The company has
materially improved its financial performance since its emergence
from bankruptcy in late 2023. CHPPR's 2024 revenue exceeded our
prior expectations by 8% and it increased its revenue by 12%
year-over-year in the first half of 2025, which surpassed our
projected 5% growth rate. This outperformance primarily stemmed
from the 22.6% rise in the company's NRPT, which reflected a
combination of factors, including increased reimbursement rates,
favorable outcomes from independent dispute resolution (IDR)
proceedings, and improved claims yield with its out-of-network
payers. Consequently, CHPPR expanded its EBITDA margin by
approximately 500 basis points and substantially reduced its S&P
Global Ratings-adjusted debt to EBITDA to 1.7x in 2024. Looking
ahead, S&P anticipates the company will maintain its positive
momentum and sustain an EBITDA margin of about 20% in 2025 and
beyond.
S&P said, "We anticipate FOCF to debt of approximately 6% and
sustained leverage of less than 2x through 2025 and 2026. The
company doubled its profitability in 2024, primarily on a
substantial reduction in its operating expenses, relative to its
revenue, and a greater proportion of favorable IDR outcomes.
Furthermore, CHPPR's enhanced ability to negotiate advantageous
pricing with its in-network payers, coupled with annual contractual
price increases and supportive trends in the consumer price index,
contributed to higher NRPT and bolstered its overall
profitability.
"While we forecast the company will generate FOCF of approximately
$15 million in 2025, which is down from $68 million in 2024, this
reflects the planned increase in its capital expenditure (capex) to
support its significant growth initiatives. Despite this
anticipated decline, we expect CHPPR MidCo will sustain FOCF to
debt of more than 6%, supported by its improved profitability.
Given the company's lack of significant near-term debt maturities
and continued EBITDA improvement, we project it will maintain
leverage of less than 2x.
"While we anticipate increased revenue from the transport segment,
the rotorcraft and tourism divisions remain pressured. We project
CHPPR will increase its core transport revenue by approximately 7%
in both 2025 and 2026, supported by robust volumes, ongoing
improvements in the reimbursement environment, and the
stabilization of its non-emergent service volumes. Conversely, we
expect softer volumes and broader economic headwinds will
negatively affect the performance of the company's other two
divisions."
CHPPR's earnings are subject to some volatility stemming from
factors such as weather patterns and competitive pressures, which
can lead to reduced volumes, as demonstrated by the recent
performance of its tourism segment. To mitigate these risks,
management has implemented strategies, including enhanced fleet
management to optimize its transport distances and the development
of new operational bases. Notably, CHPPR's total capex during the
first half of 2025 represented nearly 6% of its revenue, which is
approximately double its historical average.
S&P said, "The stable outlook reflects our expectation that CHPPR
will increase its patient transport revenue by the
high-single-digit percent area in 2025 and thereafter due to a
sustained improvement in its NRPT and increased demand following
the completion of its greenfield bases. The stable outlook also
reflects our view that CHPPR will generate FOCF to debt of more
than 5% on an annual basis.
"We could lower the rating on CHPPR in the next 12 months if we no
longer believe it will maintain S&P Global Ratings-adjusted FOCF to
debt of more 5% on a sustained basis." This could occur if:
-- It faces accelerated wage inflation and other elevated
operating costs, including delays in the ramp up of its greenfield
bases, that erode its profitability;
-- Increased weather-related cancellations lead to a rise in
controllable misses;
-- High-than-expected tariff headwinds for a
longer-than-anticipated period increase the cost of aircraft or
parts from Canada; or
-- The company pursues shareholder-friendly activities, such as a
dividend recapitalization.
Although unlikely, S&P could revise its outlook on CHPPR to
positive in the next 12 months if:
-- The company sustains S&P Global Ratings-adjusted FOCF to debt
of well above 10%; and
-- S&P believes it has sufficiently diversified its core business
to reduce the volatility in its operations.
CHURCHILL DOWNS: S&P Lowers ICR to 'BB-', Outlook Stable
--------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Churchill
Downs Inc. to 'BB-' from 'BB'. In addition, S&P lowered its
issue-level ratings on Churchill Downs' secured debt by one notch
to reflect the issuer credit rating downgrade.
S&P said, "At the same time, we revised our recovery rating on the
company's unsecured debt to '5' from '6' because we raised our
enterprise valuation assumption in a hypothetical default scenario
due to growth of the portfolio from recent acquisitions and
development capital expenditures. As a result, we estimate a higher
recovery at default for unsecured noteholders.
"Therefore, we affirmed our 'B+' issue-level ratings on its
unsecured debt, one notch below the issuer credit rating.
The stable outlook reflects our expectation that Churchill Downs
will sustain a sufficient cushion compared with our 5x leverage
downgrade threshold to absorb additional growth capital
expenditures, shareholder returns, or operating volatility. Our
base case projects its S&P Global Ratings-adjusted debt leverage
will fall to about 4.1x next year.
"We lowered our ratings because we expect leverage will remain
above 4x through next year. Churchill Downs' S&P Global
Ratings-adjusted debt leverage remains above our 4x downgrade
threshold. We forecast it will be about 4.6x this year and decline
to 4.1x at the end of 2026. We previously expected its debt
leverage would fall solidly below 4x this year because we assumed
the elevated investment capital expenditures (capex) would conclude
in 2024 and the opening of The Rose Gaming Resort, the new Terre
Haute casino, and investments at the Churchill Downs racetrack
would support EBITDA growth such that leverage would decline below
4x this year.
"However, we now forecast its S&P Global Ratings-adjusted debt at
the end of 2025 will be about $500 million higher, mostly because
of material share repurchases in the second quarter and the recent
$180 million Salem acquisition that closed in August. Furthermore,
we expect development capex will likely remain elevated in 2026 for
the development of the historical racing machine (HRM) facility in
Salem and possible additional investments at the Churchill Downs
Racetrack."
Churchill Downs' leverage remains above its publicly stated
financial policy. Churchill Downs' publicly stated financial policy
is to operate with bank-calculated net leverage of 3x-4x, with a
willingness to go higher for strategic investment. Following its
acquisition of Peninsula Pacific Entertainment (P2E) in 2022 and
elevated development capex in 2023, its leverage has remained above
the company's stated financial policy.
As of June 30, 2025, the company's reported bank net leverage was
4.2x. S&P said, "Our measure of debt leverage is about 0.3x higher
than the bank-calculated net leverage, mostly because we do net
growth capex from debt. Moreover, we expect deleveraging will
likely be delayed due to higher-than-projected share repurchases;
the acquisition of the Casino Salem, which may not add material
EBITDA until 2027; and our expectation that Churchill Downs will
continue to invest in development capex over the next few years.
Before raising ratings, the company would need to build some
cushion compared with our 4x upgrade threshold such it could
withstand additional development spending and operating volatility.
In addition, we would need to believe that Churchill Downs is
committed to staying inside of its financial policy target such
that our measure of leverage would not exceed 4x on a sustained
basis."
S&P said, "Operating performance is somewhat weaker than we
projected. We revised our 2025 revenue growth to about 7% in 2025
from 15%, largely due to a slower ramp at The Rose than we
previously forecasted. Churchill Downs' growth in 2025 is mostly
driven by the ramp up at The Rose, the Owensboro, Ky. facility that
opened in the first quarter with 600 HRMs, and the new Terre Haute
casino that opened in the second quarter of 2024.
"However, we only project 2% EBITDA growth in 2025, partly because
we assume regional gaming segment EBITDA margins will compress due
to low-single-digit percent revenue declines at many of its
properties. Moreover, our measure of EBITDA only includes cash
distributions received from equity-method investments. As such,
lower distributions this year compared with last year from Rivers
Des Plaines due to new competition in its market will likely hinder
EBITDA by about $30 million compared with our prior forecast and
about $25 million lower than 2024.
"We forecast solid revenue and EBITDA growth for 2026. We assume
revenue grows 3%-4% next year, supported by the Richmond, Va.
facility expansion, which added a total 400 HRMs between May and
August 2025, the new Henrico, Va. facility with 175 HRMs that
opened in September 2025, the new Marshall Yards HRM annex facility
in Calver City, Ky., which will likely open in the first quarter of
2026, the Finish Line suites and The Mansion renovations at the
Churchill Downs racetrack, and the continued ramp of The Rose.
"While we expect the wagering services segment to grow its Exacta
business in states such as Kentucky, Wyoming and Virginia, we
assume some headwinds to growth in New Hampshire following
legislation that allows video lottery terminals (VLT). Although New
Hampshire set the VLT tax rate at a higher rate than HRMs, it may
still be economical for New Hampshire operators to switch from
these machines to VLTs, which do not incur Exacta system fees. As
such, we assume revenue in the wagering services segment will be
flat compared with 2025. We project 2026 EBITDA will grow 6% and
margin will improve slightly, driven by the ramp-up of newer
properties, in addition to additional investments at the Churchill
Downs Racetrack and benefits from the extended NBC broadcasting
contract."
The long-term strength of the Kentucky Derby event remains intact,
and continued investments should support good cash flow. The
ongoing success of the Kentucky Derby provides a key competitive
advantage. Churchill Downs benefits from the uniqueness of the
event, which typically draws strong and consistent attendance each
year, allowing the company to command ticket price premiums.
Furthermore, ticketing revenue (50%-60% of the event's total
revenue) is relatively predictable.
Churchill Downs' roughly 60,000 premium seats comprise the majority
of this revenue stream. It sells over one-third of reserved seats
through noncancellable contracts like personal seat licenses or
suite contracts with staggered three- to seven-year expirations,
and it sells the remainder well in advance of the event, with
demand for these seats typically exceeding supply. Additionally,
the event's attendance and sizable television viewership drive
long-term media rights contracts and contribute to greater revenue
certainty for the company.
Despite a long track record of continuously holding the Derby, the
COVID-19 pandemic highlighted the risk of concentration in a single
event. The disruption caused by the pandemic is unlikely to reoccur
at the same magnitude, but improbable events like it can still
significantly destabilize cash flow. The company's expanding
portfolio of properties continues to reduce its cash flow
concentration in the Kentucky Derby week events.
S&P said, "The stable outlook reflects our expectation that
Churchill Downs will sustain a sufficient cushion compared with our
5x downgrade threshold to absorb additional growth capex, returning
capital to shareholder, or operating volatility. Our base case
projects the company's S&P Global Ratings-adjusted debt leverage
will fall to about 4.1x next year from 4.6x this year.
"We could lower our ratings on Churchill Downs if we believe it
will maintain debt leverage above 5x. This could occur if the
company either embarks on multiple development projects at once or
shareholder returns are significantly higher than we forecast.
"We could raise our ratings on Churchill Downs if we expect it to
sustain S&P Global Ratings-adjusted leverage under 4x,
incorporating growth capex and operating volatility. Given our
forecast for leverage above 4x through 2026 and the potential for
significant capex for the Churchill Downs racetrack beyond 2026,
higher ratings are unlikely over the next two years."
CINEMAWORLD OF FLORIDA: To Sell Melbourne Property to Liquidation
-----------------------------------------------------------------
Cinemaworld of Florida Inc. seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida, West Palm Beach
Division, to sell Melbourne Property, free and clear of liens,
claims, interests, and encumbrances.
The Debtor's Property is located at 4345 West New Haven Ave.,
Melbourne, Florida 32904. The Debtor has personal properties
including but not limited to kitchen equipment, theater seats,
popcorn maker, coolers and chillers, fryers, as well as bar and
lounge furniture at the location.
The Debtor seeks approval of the sale of the Personal Property
through consignment with Liquidation Solutions LLC t/a Vanish
Auctions. The Personal Property is encumbered by a lien in favor of
Northern Trust Bank. Northern Trust has consented to the
consignment and sale of the Personal Property free
and clear of its lien.
Under the Consignment Agreement with Vanish Auctions, Vanish
Auction will charge a flat commission of 50% of the sale proceeds,
with the buyer being responsible for fees related to shipping of
the Personal Property at the conclusion of the auction. The Debtor
also seeks approval to pay Vanish Auction's commission from the
sale proceeds. It is estimated that the sale of the Personal
Property will generate approximately $20,000.00.
Vanish Auction is a fully licensed and insured auction company with
over 15 years of experience specializing in the restaurant and food
service liquidation field.
The Personal Property will be sold "As Is", "Where Is", without any
guarantees or warranties regarding its merchantability or fitness
for any particular purpose, and all such guarantees and warranties
are hereby expressly disclaimed.
The Debtor, through the exercise of its business judgment, has
determined that the sale of the Personal Property on consignment
through Vanish Auction, is in the best interests of the Debtor, its
estate, and all creditors. The Debtor believes that the consignment
is fair, reasonable, and is likely to garner the highest and best
price for the Personal Property
About Cinemaworld of Florida, Inc.
Cinemaworld of Florida, Inc., doing business as The Majestic 11 and
CW Lanes & Games, operates movie theaters and family entertainment
centers.
Cinemaworld of Florida, Inc. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla.
Case No. 25-17693) on July 3, 2025, listing $10 million to $50
million in both assets and liabilities. The petition was signed by
Richard N. Starr, Sr. as president.
Judge Mindy A Mora presides over the case.
Harley E. Riedel, Esq. at STICHTER, RIEDEL, BLAIN & POSTLER, P.A.
represents the Debtor as counsel.
CITY BREWING: Nuveen Credit Marks $2MM Loan at 72% Off
------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its
$2,018,309 loan extended to City Brewing Company, LLC to market at
$555,035 or 28% of the outstanding amount, according to Nuveen
Credit's Form N-CSR for the fiscal year ending July 31, 2025, filed
with the U.S. Securities and Exchange Commission.
JQC is a participant in a FLFO Roll Up Term Loan to City Brewing
Company, LLC. The loan accrues interest at a rate of 8.018% per
annum. The loan matures on April 5, 2028.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, Il 60606
Telephone: (800) 257‑8787
About City Brewing Company, LLC
City Brewing is a full-service beverage producer and the largest
co-manufacturer in the US, with four facilities and warehousing 17
million cases.
CITY BREWING: Nuveen Credit Marks $771,288 Loan at 73% Off
----------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its $771,288
loan extended to City Brewing Company, LLC to market at $212,104 or
27% of the outstanding amount, according to Nuveen Credit's Form
N-CSR for the fiscal year ending July 31, 2025, filed with the U.S.
Securities and Exchange Commission.
JQC is a participant in a First Out New Money Term Loan to City
Brewing Company, LLC. The loan accrues interest at a rate of
10.506% per annum. The loan matures on April 5, 2028.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, Il 60606
Telephone: (800) 257‑8787
About City Brewing Company, LLC
City Brewing is a full-service beverage producer and the largest
co-manufacturer in the US, with four facilities and warehousing 17
million cases.
CITY BREWING: S&P Upgrades ICR to 'CCC' on Debt Restructuring
-------------------------------------------------------------
S&P Global Ratings upgraded City Brewing Co. LLC's (City Brewing)
issuer credit rating to 'CCC' from 'SD' (selective default).
S&P said, "At the same time, we assigned our 'B-' issue-level
rating to the $42.1 million exit super priority term loan, with a
'1' recovery rating, indicating our expectation for very high (90%
- 100%; rounded estimate 95%) recovery in the event of a payment
default. We also assigned a 'CCC' issue-level rating to the $141.2
million exit takeback term loan, with a '3' recovery rating,
indicating our expectation of meaningful (50%-70%; rounded estimate
55%) recovery."
The developing outlook reflects the potential for a higher or lower
rating depending on the company's ability to close on its ABL
facility and continue to increase manufacturing volumes.
City Brewing's debt refinancing, implemented on Aug. 27, 2025,
extends its debt maturity profile and could ease its cash interest
burden if manufacturing volumes rebound. The company's maturities
on its new term loans are now extended to September 2030.
Separately, the maturity of a still-to-close new ABL facility is
expected to be September 2030. The restructuring improved City
Brewing's liquidity because it used a portion of the new money
proceeds to add cash to its balance sheet. S&P said, "At the close
of transaction, we estimate the company had about $109 million in
cash and cash equivalents. Its new capital structure requires
minimal amortization. We expect the company's cash interest burden
will decrease to around $30 million, which is close to half its
prior annual cash interest. This primarily due to lower debt
balances pro forma for the transaction, but also a portion of
interest under its exit facilities being paid in kind (PIK) over
the next two years. We believe City Brewing's improved annual cash
interest and extended maturity profile will provide it some runway
to undertake its turnaround strategy. Nevertheless, EBITDA interest
coverage will remain weak near 1x for the remainder of fiscal 2025
as EBITIDA remains depressed and requires a significant ramp up in
manufacturing volumes (at least 10% of incremental volumes) for
EBITDA to rebound to levels that support interest coverage
approaching 1.5x. Although our base expectation is for EBITDA
interest coverage to approach 1.5x and fund from operations (FFO)
cash interest coverage higher than 1.5x in fiscal 2026, we believe
there is significant downside risk to this forecast given the need
to invest in manufacturing to deliver those volumes."
S&P said, "We assume City Brewing will generate negative free
operating cash flow (FOCF) over the next 12-24 months, while facing
continued material lease amortization requirements. The group's
liquidity position pro forma for the transaction, includes about
$109 million in cash and cash equivalents on the balance sheet.
This should sufficiently support its operations at over the next
few months and enable the group to execute on needed capital
expenditure (capex). Still, we expect City Brewing will continue to
generate FOCF deficits for at least the next two years as it
invests in deferred maintenance and other capex requirements to its
manufacturing lines. Moreover, liquidity is pressured because the
company has finance lease maturities of around $21 million a year
throughout the forecast period which will reduce its current cash
balances absent a more material rebound than we are forecasting and
the completion of its still-to-be completed ABL financing.
"The company must diversify its product mix and grow volumes with
its remaining customers to restore EBITDA to more sustainable
levels. We project City Brewing's revenues to decline more than 20%
for fiscal-year 2025 after modestly growing close to 4% in fiscal
2024. This can primarily be attributed to the separation from Blue
Ribbon and the loss of its contracted volumes, but also due to
generally weaker-than-expected demand. Industry-wide soft demand
for hard seltzer and beer, which the company is overly indexed to,
is partly due to the uncertain macroeconomic environment, but also
a more conscious consumer whose preferences are consistently
changing. The company has made positive strides in diversifying
their product base and winning new business, but it remains to be
seen if this can fill the void left by Blue Ribbon. Moreover, the
company's success is heavily dependent growing manufacturing
volumes of recently onboarded brands that have not yet demonstrated
a track record of consistent volume performance for City Brewing."
The developing outlook reflects the potential for either a higher
or lower rating in the coming quarters depending on whether the
company can secure committed ABL financing and continue to improve
operating performance.
S&P could lower its ratings on City Brewery over the next 12 months
if it doesn't close on the proposed ABL and S&P envisions a default
scenario within six months. This could occur if:
-- The company experiences material customer losses that leads to
significant volume declines; or
-- Demand for its underperforming alcohol beverage categories
remains depressed preventing a more meaningful rebound in
manufacturing volumes from its planned mix shift to faster growing
categories.
S&P could raise City Brewery's issuer credit rating to 'CCC+' if:
-- It closes on its proposed ABL facility; and
-- S&P continues to forecast sustained EBITDA cash interest
coverage improving above 1x;
-- If S&P upgrades City Brewing in response to the closing of its
proposed ABL facility it would review its recovery ratings on its
exit term loans, which would likely result in a revised recovery
rating to '4' on the company's $141 million senior secured exit
term loan.
COALINGA, CA WATER: S&P Affirms 'BB+' Revenue Bonds Rating
----------------------------------------------------------
S&P Global Ratings affirmed its 'BB+' rating on Coalinga Public
Finance Authority, Calif.'s outstanding bonds issued for the city
of Coalinga's water and sewer enterprises.
The outlook is stable.
S&P said, "In our opinion, environmental physical risks are
negative within our credit rating analysis. In average or wet water
years, the city is typically long on water and has historically
been able to sell about one-third of its allocation on the
wholesale market. However, as drought conditions become more
frequent and severe, we believe the city will face expense
pressures that could constrain its financial performance.
"We consider this a key risk because in dire drought conditions,
the city's CVP allocation, which is supervised by the USBR, is
significantly reduced, resulting in insufficient water supply to
meet demand. In water year 2022, which was one of the driest on
record, the city received only 3,077 AF from the CVP, and needed to
purchase an additional 600 AF to meet health and safety levels, at
a substantially higher cost (open market water is about 13x the
cost of typical, low-cost CVP water, which is around $190 per AF).
The supplemental purchase ultimately cost $1.1 million; however,
the water fund had only $562,000 of unrestricted reserves at the
time of purchase, which alone was insufficient to fund the cost of
market-priced water. The city secured a one-time grant from DWR,
which covered the purchase cost the plus administrative fees.
However, for long-term water supply reliability, we believe the
city may need to add supply sources, which could be significantly
more costly and potentially cost-prohibitive without additional
state funding.
Social capital risks are moderately negative within our credit
rating analysis, given the city's below-average income indicators
and high county poverty rate. Governance risks are moderately
negative within our credit rating analysis, given the history of
delayed audits and volatile financial metrics. Financial reporting
is less transparent than that of its rated peers, as non-cash items
and the timing of wholesale water purchases and sales can distort
audited financial results. Therefore, we typically rely on
information in the city's continuing disclosure rather than the
audit to compile our calculations. We note that unaudited fiscal
2025 financial statements are not available despite the June 30
fiscal year-end.
"The stable outlook reflects our believe that the water system's
improved cash position and access to stored (or banked) water
mitigates downside risk during the two-year outlook period.
"We could lower the rating under multiple scenarios, including if
drought mitigation efforts require significant capital spending to
meet the city's water supply diversification targets, or if the
city council elects not to raise rates sufficiently to cover these
costs, or a combination of the above. If the cost of supplemental
water or reduced wholesale sales results in deterioration of the
water fund's already weak unrestricted liquidity position and
historically volatile all-in coverage, it would also negatively
pressure the rating.
"We could consider raising the rating back to investment grade if
the city's meter replacement projects and solar installation
significantly reduce operating costs, bolstering operating margins
substantially, and we believe the city's drought strategies
eliminate the potential need to procure additional high-priced
water to meet demand. An investment grade rating would likely also
require more codified practices around financial management,
rate-setting, and capital planning."
COCOS MARISCOS: Seeks Subchapter V Bankruptcy in Washington
-----------------------------------------------------------
On October 9, 2025, Cocos Mariscos & Bar Inc. sought Chapter 11
bankruptcy protection in the Western District of Washington. The
restaurant reported total liabilities estimated between $100,001
and $1 million.
In its bankruptcy petition, COCOS MARISCOS & BAR, INC. indicated it
owes debts to as many as 49 creditors.
About Cocos Mariscos & Bar Inc.
Cocos Mariscos & Bar Inc. is a dining establishment specializing in
Mexican cuisine and seafood dishes.
Cocos Mariscos & Bar Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Wash. Case No.
25-12833) on October 9, 2025. In its petition, the Debtor reports
estimated assets up to $100,000 and estimated liabilities between
$100,001 and $1 million.
Honorable Bankruptcy Judge Christopher M. Alston handles the
case.
The Debtor is represented by Jennifer L. Neeleman, Esq. of Neeleman
Law Group, P.C.
COLORART LLC: Lender Seeks Receivership Over $26MM Unpaid Debt
--------------------------------------------------------------
Jacob Kirn of St. Louis Business Journal reports that a
Eureka-based printing company finds itself in hot water as a
Chicago lender takes legal action over a substantial debt. The
lawsuit unveils a complex web of financial allegations, according
to the report.
Lender Aequum Capital has filed a lawsuit seeking receivership over
ColorArt LLC, a printer, alleging the company owes $26 million and
has misused funds. The complaint accuses ColorArt of overstating
the value of collateral and diverting money to pay insiders and
satisfy other debts. The lawsuit calls for a federal court to
appoint a receiver to take control of the printing operations to
protect the lender's interests, the report states.
About ColorArt LLC
ColorArt LLC is a Eureka-based printing company.
COMPREHENSIVE HEALTHCARE: Seeks Cash Collateral Access
------------------------------------------------------
Comprehensive Healthcare Management Services, LLC asks the U.S.
Bankruptcy Court for the Middle District of Pennsylvania for
authority to use cash collateral and provide adequate protection.
The Debtor operates a large skilled nursing facility with
approximately 600 beds and employs about 250 individuals. Its
assets include roughly $17.2 million in accounts receivable, $3.6
million in equipment, and about $500,000 in cash, with no inventory
value.
The U.S. Department of Housing and Urban Development holds a first
priority lien on nearly all of the Debtor's personal property, tied
to a loan of approximately $54 million. Twomagnets LLC, doing
business as Clipboard Health, is believed to hold a second priority
lien on up to $2 million in accounts receivable and cash.
The Debtor emphasizes its immediate need to use cash collateral to
pay payroll, utilities, insurance, and other essential operating
expenses, as detailed in a 30-day cash flow budget. It asserts that
continued operations are critical not only to preserve its business
but also to avoid significant harm to its estate, patients, and
creditors.
The Debtor proposes providing adequate protection to HUD and
Twomagnets by granting them replacement liens on post-petition
collateral to the extent of any diminution in value of their
pre-petition collateral. If replacement liens are insufficient, the
Lenders would receive administrative claims with priority over all
other administrative expenses except those for court-approved
professionals and the U.S. Trustee's office.
A court hearing is scheduled for October 21.
About Comprehensive Healthcare Management Services
Comprehensive Healthcare Management Services, LLC doing business as
Brighton Rehabilitation & Wellness Center, operates a long-term
care and skilled nursing facility in Beaver, Pennsylvania. It
provides rehabilitation, therapy, and sub-acute services, including
physical, occupational, and speech therapy, along with nursing and
supportive care for residents.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Pa. Case No. 25-02775) on September
29, 2025, listing up to $50,000 in assets and between $50 million
and $100 million in liabilities.
Robert E. Chernicoff, Esq., at Cunningham, Chernicoff & Warshawsky,
P.C., represents the Debtor as legal counsel.
CONTEMPORARY MEDICAL: Case Summary & 12 Unsecured Creditors
-----------------------------------------------------------
Debtor: Contemporary Medical Services, PC
265 Main Street
Islip, NY 11751
Business Description: Contemporary Medical Services, PC provides
obstetrics and gynecology services at its
main office in Islip, New York, and
maintains additional locations in Brentwood
and Sayville, serving patients across the
region.
Chapter 11 Petition Date: October 8, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-73888
Judge: Hon. Sheryl P Giugliano
Debtor's Counsel: Joseph S. Maniscalco, Esq.
LAMONICA HERBST & MANISCALCO, LLP
3305 Jerusalem Avenue, Suite 201
Wantagh, NY 11793
Tel: 516-826-6500
Email: jsm@lhmlawfirm.com
Total Assets: $986,680
Total Liabilities: $3,884,615
The petition was signed by Cleadous Murphy as president.
A full-text copy of the petition, which includes a list of the
Debtor's 12 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5572A6I/Contemporary_Medical_Services__nyebke-25-73888__0001.0.pdf?mcid=tGE4TAMA
COORSTEK INC: Moody's Assigns 'B1' CFR, Outlook Stable
------------------------------------------------------
Moody's Ratings assigned a B1 corporate family rating and B1-PD
probability of default rating to CoorsTek, Inc. Concurrently,
Moody's assigned B1 ratings to the company's new $750 million
senior secured first lien term loan and $500 million senior secured
first lien revolving credit facility. The outlook is stable.
RATINGS RATIONALE
The B1 CFR is constrained by the company's appetite for debt-funded
dividends. At closing, the company will pay out a special one-time
dividend of $50 million, which will raise Moody's adjusted
debt/EBITDA to 4.2x. In addition to the special dividend, CoorsTek
has been distributing material amounts to shareholders on a
quarterly basis. Other credit challenges facing CoorsTek include
the company's large exposure to the cyclical semiconductor sector.
Although the semiconductor market offers attractive margins and
potentially long-term growth opportunities, Moody's notes that
recent choppiness in the sector has contributed to CoorsTek's
flattish top-line in recent years.
The B1 CFR is supported by CoorsTek's strong position in the
technical ceramics industry and its exceptionally long operating
history under the leadership and ownership of members of the Coors
family. In addition, Moody's views CoorsTek's recent expansion and
strong market position across numerous end markets as credit
positives. CoorsTek has expanded its footprint considerably in
recent years and the garners solid market positions globally across
its four key end markets. Further supporting the rating is the
nature of the company's products – nearly all are customized and
engineered to meet the precise specifications of clients, resulting
in a credit enhancing recurring revenue stream of more than 90%.
The stable outlook reflects CoorsTek's resilient operating model,
manageable debt load, diverse end markets, and its highly recurring
revenue base.
Moody's expects the company to maintain adequate liquidity over the
next 12-18 months. Although the revolver will be nearly halfway
drawn at close, there is still ample availability given the
revolver's large size in relation to the company's revenues. In
addition, liquidity will be supported by roughly $50 million in
cash.
The company's Credit Impact Score is CIS-3, which indicates the
company's ESG attributes do not have an overall impact on the
ratings. However, there is potential for future negative impact
over a multiyear period. With respect to governance risk, the
potential for large debt-funded dividends is somewhat mitigated by
the company's family ownership and its preference to operate the
business with moderate financial leverage. The company faces
environmental and social risks that are typical across the
industrial manufacturing sector.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if CoorsTek achieves increased scale,
consistently positive free cash flow, adjusted debt/EBITDA
sustained below 4x, or EBITA/interest expense above 2.5x. The
ratings could be downgraded if adjusted debt/EBITDA is sustained
above 5x, EBITA/interest expense approaches 1.5x, or CoorsTek is
unable to generate positive free cash flow.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following: Incremental pari passu
debt capacity up to the greater of $230 million and 100% of
consolidated EBITDA, plus unlimited amounts subject to the greater
of 4.25x first lien net leverage ratio and leverage neutral
incurrence. There is an inside maturity sublimit up to the greater
of $230 million and 100% of consolidated EBITDA. The credit
agreement is expected to include "J. Crew", "Chewy", and "Serta"
provisions.
CoorsTek, Inc. designs and manufactures technical ceramics. The
company develops a vast array of specialized, highly customized,
and durable ceramic components that are used in a variety of
products such as body armor, car sensors and hip components. In
addition, technical ceramics have special applications in the
semiconductor manufacturing process. Founded in 1910, CoorsTek is
owned and operated by the fifth generation of the Coors family.
Revenue for the twelve months ended June 30, 2025 was approximately
$1.1 billion.
The principal methodology used in these ratings was Manufacturing
published in September 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
COSMOS HEALTH: All Proposals Approved at 2025 Annual Meeting
------------------------------------------------------------
Cosmos Health Inc. held its 2025 Annual Meeting of Stockholders. Of
the 30,127,379 shares of common stock of the Company outstanding on
the record date, 15,983,371 shares were present at the Annual
Meeting in person or by proxy, representing approximately 53% of
the total outstanding shares eligible to vote.
All proposals passed, and the directors recommended by the Company
were elected.
The final results for each of the matters submitted to a vote of
stockholders at the Annual Meeting are as follows:
1. Grigorios Siokas
* Votes For: 13,799,035
* Votes Withheld: 2,184,336
2. Demetrios G. Demetriades
* Votes For: 12,216,173
* Votes Withheld: 3,767,198
3. John J. Hoidas
* Votes For: 12,220,515
* Votes Withheld: 3,762,856
4. Dr. Anastasios Aslidis
* Votes For: 12,038,933
* Votes Withheld: 3,944,438
5. Suhel Bhutawala
* Votes For: 12,037,608
* Votes Withheld: 3,945,763
6. Theodoros C. Karkantzos
* Votes For: 12,035,428
* Votes Withheld: 3,947,943
Proposal 2 – Authorization of the Board of Directors to Amend the
Company's Amended and Restated Articles of Incorporation to Effect
a Reverse Stock Split of the Company's Outstanding Common Stock at
their Discretion
* Votes For: 13,898,821
* Votes Against: 2,084,235
* Abstain: 315
Proposal 3 – Approval of the Issuance of Shares of Common Stock
Issuable Upon Conversion of the Notes in Compliance with Nasdaq
Listing Rule 5635(d)
* Votes For: 13,961,150
* Votes Against: 2,022,033
* Abstain: 188
Proposal 4 – The Ratification of the Appointment of the Company's
Independent Registered Public Accounting Firm
* Votes For: 14,040,370
* Votes Against: 1,939,314
* Abstain: 3,687
Proposal 5 – Approval of Company's 2025 Equity Omnibus Plan
* Votes For: 13,982,769
* Votes Against: 1,951,983
* Abstain: 48,619
Proposal 6 – Non-Binding Advisory on "Say on Pay" Vote
* Votes For: 13,867,716
* Votes Against: 1,968,122
* Abstain: 147,533
Proposal 7 – Non-Binding Advisory on the Frequency of the Future
"Say on Pay" Votes
* One Year: 2,658,606
* Two Years: 51,510
* Three Years: 3,082,602
* Abstain: 190,653
Proposal 8 – Approval Of The Amendment To The Company's Articles
Of Incorporation To Increase The Number Of Authorized Shares Of
Capital Stock Of The Company To 1,500,000,000 Shares Of Common
Stock And 300,000,000 Shares Of "Blank Check" Preferred Stock
* Votes For: 13,802,295
* Votes Against: 2,176,907
* Abstain: 4,169
The full text of the Amendment to the Articles of Incorporation is
available at https://tinyurl.com/yc25s3k7
About Cosmos Health
Cosmos Health Inc. (Nasdaq: COSM), incorporated in 2009 in Nevada,
is a diversified, vertically integrated global healthcare group.
The Company owns a portfolio of proprietary pharmaceutical and
nutraceutical brands, including Sky Premium Life, Mediterranation,
bio-bebe, and C-Sept. Through its subsidiary, Cana Laboratories
S.A., which is licensed under European Good Manufacturing Practices
(GMP) and certified by the European Medicines Agency, it
manufactures pharmaceuticals, food supplements, cosmetics,
biocides, and medical devices within the European Union.
As of Dec. 31, 2024, Cosmos Health had $54,311,892 in total assets,
$29,778,963 in total liabilities, and a total stockholders' equity
of $24,532,929.
New York, N.Y.-based RBSM LLP, the Company's auditor since 2024,
issued a "going concern" qualification in its report dated April
15, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has
incurred substantial operating losses and will require additional
capital to continue as a going concern. This raises substantial
doubt about the Company's ability to continue as a going concern.
COUNTRY GARDEN: Chapter 15 Case Summary
---------------------------------------
Chapter 15 Debtor: Country Garden Holdings Company Limited
Cricket Square Hutchins Drive
P.O. Box 2681
Grand Cayman KY1-111
Cayman Islands
Case No.: 25-12175
Business Description: Country Garden Holdings Co. Ltd. is a
holding company that has issued,
borrowed, or guaranteed secured and
unsecured debt as part of a
restructuring scheme. It serves as the
ultimate parent of the Country Garden
Group, a major property developer in
Hong Kong and mainland China engaged in
property development, construction,
interior decoration, and property
investment. The group also develops,
operates, and manages hotels across its
markets.
Chapter 15 Petition Date: October 1, 2025
Court: United States Bankruptcy Court
Southern District of New York
Judge: Hon. Philip Bentley
Foreign Proceeding: Proceeding in Hong Kong entitled In the
Matter of Country Garden Holdings
Company Limited (Case Number HCMP 1366 /
2025)
Foreign Representative: Fong Ching Lam
11 Duddell Street, Suite 1702
Hong Kong Central
Hong Kong
Foreign
Representative's
Counsel: Christopher J. Hunker, Esq.
LINKLATERS LLP
1290 Avenue of the Americas
New York NY 10104
Tel: (212) 903-9267
Email: christopher.hunker@linklaters.com
Estimated Assets: Unknown
Estimated Debt: Unknown
A full-text copy of the Chapter 15 petition is available for free
at PacerMonitor at:
https://www.pacermonitor.com/view/AUOQ2NQ/Country_Garden_Holdings_Company__nysbke-25-12175__0001.0.pdf?mcid=tGE4TAMA
CREATIVE LIVING: Seeks Chapter 11 Bankruptcy in Georgia
-------------------------------------------------------
On October 9, 2025, Creative Living Properties LLC initiated a
voluntary Chapter 11 bankruptcy proceeding in the U.S. Bankruptcy
Court for the Northern District of Georgia. The filing indicates
that the company holds between $1 million and $10 million in
liabilities. The debtor also disclosed that it has between 1 and 49
creditors.
About Creative Living Properties LLC
Creative Living Properties LLC is a single asset real estate
company.
Creative Living Properties LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-41573) on
October 9, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
The Debtor is represented by Scott B. Riddle, Esq., of Law Office
of Scott B. Riddle, LLC.
CRUZ TEC: Jarrod Martin Named Subchapter V Trustee
--------------------------------------------------
The U.S. Trustee for Region 7 appointed Jarrod Martin, Esq., a
practicing attorney in Houston, as Subchapter V trustee for Cruz
Tec, Inc.
Mr. Martin will be paid an hourly fee of $650 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Martin declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jarrod B. Martin, Esq.
1200 Smith Street, Suite 1400
Houston, TX 77002
Phone: 713-356-1280
Email: JBM.Trustee@chamberlainlaw.com
About Cruz Tec Inc.
Cruz Tec Inc., founded in 2001 and headquartered in Houston, Texas,
is a trenchless utility contractor that provides engineering
solutions including cured-in-place pipe (CIPP), pipe bursting,
manhole rehabilitation, and protective coatings. The Company
operates as a self-performing turnkey firm serving municipalities
and utilities across Texas and the United States, with projects
ranging in scale from small contracts to multimillion-dollar
upgrades. Its work includes compliance-driven infrastructure
rehabilitation, such as projects for the San Antonio Water System
under a federal consent decree to repair and modernize sewer
systems.
Cruz Tec sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-35537) on September
19, 2025. In its petition, the Debtor reports total assets of
$2,392,423 and total debts of $3,174,040.
Honorable Bankruptcy Judge Jeffrey P. Norman handles the case.
The Debtor is represented by Robert C Lane, Esq., at The Lane Law
Firm.
CUBE INTERMEDIATE: S&P Rates $647MM First-Lien Term Loan 'B'
------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue-level rating and '3'
recovery rating to Cube Intermediate 2 LLC's (CIRCOR) proposed
repriced $647 million first-lien term loan due 2031. The '3'
recovery rating indicates our expectation for meaningful (50%-70%;
rounded estimate: 55%) recovery in the event of a default. The term
loan will be issued at the company's subsidiaries, Cube A&D Buyer
Inc. and Cube Industrials Buyer Inc. S&P expects the transaction,
if completed as proposed, will reduce CIRCOR's cost of debt by at
least 25 basis points (bps) from SOFR+325 bps and provide it with
interest cost savings of at least $2 million annually.
S&P said, "All our existing ratings on CIRCOR, including our 'B'
issuer credit rating and 'B' issue-level and '3' recovery rating on
its revolving credit facility, are unchanged.
"The stable outlook reflects our expectation that the company will
continue to capture tailwinds from increased defense spending and
realize modest growth in the industrial markets from sales into new
customer platforms and aftermarket sales, enabling it to operate
with S&P Global Ratings-adjusted debt to EBITDA in the 5.5x-6.5x
range over the next 12 months."
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P's simulated default scenario assumes a prolonged economic
downturn that depresses the industrial and aerospace markets.
-- S&P believes that, following a payment default, the company
would likely be reorganized rather than liquidated because of its
good market positions and manufacturing capabilities.
Simulated default assumptions
-- Simulated year of default: 2028
-- EBITDA multiple: 5.0x
-- EBITDA at emergence: $88 million
-- Jurisdiction: U.S.
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $419
million
-- Valuation split (obligors/nonobligors): 50%/50%
-- Total value available to first-lien debt claims: $419 million
-- First-lien debt claims: $746 million
--Recovery expectations: 50%-70% (rounded estimate: 55%)
Note: Debt amounts include six months of accrued interest that we
assume will be owed at default. Collateral value includes asset
pledges from obligors (after priority claims) plus equity pledges
in nonobligors. We generally assume usage of 85% for cash flow
revolvers at default.
CUBIC CORP: Nuveen Credit Marks $939,000 Loan at 26% Off
--------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its $939,000
loan extended to Cubic Corp. to market at $694,038 or 74% of the
outstanding amount, according to Nuveen Credit's Form N-CSR for the
fiscal year ending July 31, 2025, filed with the U.S. Securities
and Exchange Commission.
JQC is a participant in a CME Term Loan to Cubic Corp. The loan
accrues interest at a rate of 8.57% per annum. The loan matures on
May 1, 2029.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, IL 60606
Telephone: (800) 257‑8787
About Cubic Corp.
Cubic Corporation is an American multinational defense and public
transportation equipment manufacturer.
CYTTA CORP: Reports Q2 Net Income of $6.22M
-------------------------------------------
Cytta Corp. filed with the U.S. Securities and Exchange Commission
its Quarterly Report on Form 10-Q reporting a net income of $6.22
million for the three months ended March 31, 2025, compared to a
net loss of $988,541 for the three months ended March 31, 2024.
Revenue for the three months ended March 31, 2025, was $1,249,
compared to no revenue for the same period in 2024.
For the six months ended March 31, 2025, the Company reported a net
income of $5.5 million, compared to a net loss of $2.05 million for
the same period in 2024.
Revenue for the six months ended March 31, 2025, was $2,498,
compared to a revenue of $2,411 for the same period in 2024.
As of March 31, 2025, the Company had $7.53 million in total
assets, $1.35 million in total current liabilities and total
liabilities, and $6.17 million in total stockholders' equity.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/2trzpwfr
About Cytta Corp
Cytta Corp., headquartered in Las Vegas, Nevada, is focused on
developing and marketing advanced streaming and integrated
communication products, using technology based upon the SUPR
(Superior Utilization of Processing Resources) video compression
codec/algorithm and its IGAN (Incident Global Area Network)
incident command proprietary software solutions. Cytta currently
develops, markets, and distributes proprietary video streaming
products and services that improve how video is streamed, consumed,
transferred, and stored in enterprise environments.
Hackensack, New Jersey-based Prager Metis CPAs, LLC, the Company's
former auditor, issued a "going concern" qualification in its
report dated Jan. 14, 2025. The report cited that, as of Sept. 30,
2024, the Company had an accumulated deficit of $36,867,892 and has
generated losses since inception. These factors, among others,
raise substantial doubt about the Company's ability to continue as
a going concern.
The Company incurred a net loss of $4.26 million for the year ended
Sept. 30, 2024, following a net loss of $4.73 million for the year
ended Sept. 30, 2023.
CYXTERA DC: Nuveen Credit Virtually Writes Off $581,141 Loan
------------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its $581,141
loan extended to Cyxtera DC Holdings, Inc. to market at $3,196 or
1% of the outstanding amount, according to Nuveen Credit's Form
N-CSR for the fiscal year ending July 31, 2025, filed with the U.S.
Securities and Exchange Commission.
JQC is a participant in a Term Loan B to Cyxtera DC Holdings, Inc.
The loan accrues interest at a rate of zero percent per annum. The
loan matures on May 1, 2026.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, IL 60606
Telephone: (800) 257‑8787
About Cyxtera DC Holdings, Inc.
Cyxtera DC Holdings, Inc., also known as Cyxtera Technologies Inc.,
is a company that provides data center solutions and was formerly
named Colorado Buyer.
DALRADA FINANCIAL: Reports $24.67 Million Net Loss for FY2025
-------------------------------------------------------------
Dalrada Financial Corporation filed with the U.S. Securities and
Exchange Commission its Annual Report on Form 10-K for the fiscal
year ended June 30, 2025, reporting a net loss of $24.67 million
and $29.19 million for the years ended June 30, 2025 and 2024,
respectively.
Revenue for the years ended June 30, 2025 and 2024, were $18.62
million and $18.12 million, respectively.
As of June 30, 2025, and 2024, the Company had negative working
capital of $8.30 million and $7.09 million, respectively.
San Diego, California-based CM3 Advisory, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated September 29, 2025, attached to the Company's Annual Report
on Form 10-K for the fiscal year ended June 30, 2025, citing that
the Company has suffered recurring losses from operations and has a
net capital deficiency that raises substantial doubt about its
ability to continue as a going concern.
Although the Company continues to rely on equity and debt investors
to finance its losses, it is implementing plans to achieve cost
savings and other strategic objectives to address Company
profitability. In addition to raising debt and equity financing,
the Company continues to focus on growing the subsidiaries
anticipated to be most profitable while reducing investments in
areas that are not expected to have long-term benefits. The Company
will continue to pursue synergistic opportunities to enhance its
business portfolio.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/mt35x48t
About Dalrada
Dalrada Financial Corporation accelerates change for current and
future generations by harnessing true potential and developing
products and services that become transformative innovations. It
five business divisions: Genefic, Dalrada Climate Technology,
Dalrada Precision Manufacturing, Dalrada Technologies, and Dalrada
Corporate. Within each of these divisions, the Company drives
transformative innovation while creating solutions that are
sustainable, accessible, and affordable. Dalrada's global solutions
directly address climate change, gaps in the health care industry,
and technology needs that facilitate a new era of human behavior
and interaction and ensure a bright future for the world around
us.
As of June 30, 2025, the Company had $18.36 million in total
assets, $25.05 million in total liabilities, and $6.69 million in
total stockholders' deficit.
DATAVAULT INC: Closes $12 Million Convertible Note Offering
-----------------------------------------------------------
As previously disclosed, on August 4, 2025, Datavault AI Inc.
entered into a Securities Purchase Agreement with certain
institutional investors, pursuant to which the investors agreed to
purchase from the Company in a registered direct offering, senior
secured convertible notes having an aggregate principal amount of
$6,666,666 for an aggregate purchase price of $6,000,000 and senior
secured convertible notes having an aggregate principal amount of
$6,666,666 for an aggregate purchase price of $6,000,000 upon
satisfaction of certain closing conditions applicable to the
Initial Notes and Additional Notes, respectively.
The closing of Initial Notes occurred on August 6, 2025.
The Notes and Conversion Shares (as defined herein) were offered by
the Company pursuant to a registration statement on Form S-3 (File
No. 333-288538), which was initially filed with the Securities and
Exchange Commission on July 7, 2025, and was declared effective by
the Commission on July 9, 2025, the prospectus contained therein
and a prospectus supplement relating to the Offering dated August
4, 2025.
Additional Closing:
The closing of the Additional Notes occurred, and the Additional
Notes were issued, on September 30, 2025.
Obligations Under the Purchase Agreement:
Pursuant to the Purchase Agreement, the Company agreed, subject to
certain exceptions:
(i) not to offer for sale, issue, sell, contract to sell,
pledge or otherwise dispose of any of shares of Common Stock or
securities convertible into shares of Common Stock until 45 days
after the date of each Closing, and
(ii) not to issue certain securities if the issuance would
constitute a Variable Rate Transaction (as such term is defined in
the Purchase Agreement) until no Purchasers holds any Notes.
Pursuant to the Purchase Agreement, until the date that is 18
months after the date on which the Notes are no longer outstanding,
the Purchasers have the right, but not the obligation, to
participate in any issuance by the Company of any debt, preferred
stock, shares of Common Stock or securities convertible into shares
of Common Stock up to a maximum of 65% of such Subsequent Financing
on the same terms, conditions and price provided to other investors
in such Subsequent Financing.
Notes:
The Notes carry a 10% original issue discount and mature 18 months
from the date of issuance. No interest accrues during the term of
the Notes, unless an event of default occurs, in which case
interest will accrue at a rate of 12% per annum.
The obligations under these Notes rank senior to all other existing
indebtedness and equity of the Company. The Notes are convertible
at any time at the option of the holders thereof, in whole or in
part, into such number of shares of Common Stock at an initial
conversion price equal to $1.00 per share.
Alternatively, the Notes are convertible at the holder's election,
at a price equal to the greater of (x) the Floor Price and (y) 80%
of the lowest volume weighted adjusted price of the shares of
Common Stock in the 20 trading days prior to the applicable
conversion date.
The conversion price of the Notes is subject to a floor price of
$0.1019.
In the event the Alternate Conversion Price would be lower than the
Floor Price, the Company is required to compensate the holders of
the Notes by paying the holders in cash an amount equal to the
product obtained by multiplying (A) the VWAP on the day the holder
delivers the applicable conversion notice and (B) the difference
obtained by subtracting (I) the number of shares of Common Stock
delivered (or to be delivered) to the holder on the applicable
share delivery date with respect to such Alternate Conversion from
(II) the quotient obtained by dividing (x) the applicable
conversion amount that the holder has elected to be the subject of
the applicable Alternate Conversion, by (y) the applicable
Alternate Conversion Price without being limited by the Floor
Price.
Under the Notes, the Company is required to use up to 20% of the
proceeds from future financings to redeem the Notes in an amount
equal to the aggregate principal amount of the Notes being redeemed
from such proceeds multiplied by 105%.
The Notes contain 4.99/9.99% beneficial ownership limitations and
customary provisions regarding events of defaults and negative
covenants.
The Notes are secured by all of the assets of the Company pursuant
to a security agreement, and guaranteed by a subsidiary of the
Company pursuant to a subsidiary guarantee, both of which were
entered into on August 6, 2025.
About Datavault AI
Datavault AI Inc., headquartered in Beaverton, Oregon, develops and
licenses patented platforms for AI-driven data management,
valuation, and monetization. The Company offers cloud-based Web
3.0 solutions incorporating high-performance computing, generative
AI agents, and secure data utilities. Datavault AI operates in the
data technology and software licensing industry, providing tools
for enterprise-grade data solutions focused on privacy and
cybersecurity.
BPM LLP's audit report dated March 31, 2025, included a "going
concern" qualification, noting that the Company's ongoing
operational losses, net capital deficiency, and cash flow situation
cast significant doubt on its ability to continue operating.
Management of the Company intends to raise additional funds through
the issuance of equity securities or debt. There can be no
assurance that, in the event the Company requires additional
financing, such financing will be available at terms acceptable to
the Company, if at all. Failure to generate sufficient cash flows
from operations, raise additional capital and reduce discretionary
spending could have a material adverse effect on the Company's
ability to achieve its intended business objectives.
As of June 30, 2025, the Company had $120.69 million in total
assets, $46.62 million in total liabilities, and $74.07 million in
total stockholders' equity. Cash and cash equivalents as of June
30, 2025 were $0.7 million compared to $3.3 million, as of Dec. 31,
2024.
The Company recorded a net loss of $37.1 million and $46.7 million
for the three and six months ended June 30, 2025 and used net cash
in operating activities of $12.8 million for the six months ended
June 30, 2025 vs $9.0 million for the six months ended June 30,
2024. Excluding non-cash adjustments, the primary reasons for the
increase in the use of net cash from operating activities during
the six months ended June 30, 2025, was related to an increase in
the net loss.
DBA INVESTMENTS: Seeks Chapter 7 Bankruptcy in Louisiana
--------------------------------------------------------
DBA Investments LLC filed for Chapter 7 bankruptcy protection in
the U.S. Bankruptcy Court for the Middle District of Louisiana on
October 10, 2025. According to the filing, the company listed
liabilities in the range of $0 to $100,000. DBA Investments, LLC
reported having between 1 and 49 creditors.
About DBA Investments LLC
DBA Investments LLC is a limited liability company.
DBA Investments LLCsought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. M.D. La. Case No. 25-10929) on October 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities up to $100,000.
Honorable Bankruptcy Judge Michael A. Crawford handles the case.
The Debtor is represented by Barbara B. Parsons of The Steffes
Firm, LLC.
DECKER & WILLIAMS: Section 341(a) Meeting of Creditors on Oct. 24
-----------------------------------------------------------------
On October 2, 2025, Decker & Williams LLC filed Chapter 11
protection in the Eastern District of Washington. According to
court filing, the Debtor reports $18,055,382 in debt owed to 1 and
49 creditors. The petition states funds will be available to
unsecured creditors.
A meeting of creditors under Section 341(a) to be held on October
24, 2025 at 12:00 PM via UST's 341 ATT Telephone Line
1-888-330-1716 Access Code 6318055.
About Decker & Williams LLC
Decker & Williams LLC is a Mukilteo, Washington-based real estate
company that owns a single property at 202 Lincoln Ave., valued at
approximately $1.6 million.
Decker & Williams LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Wash. Case No. 25-01750) on October 2,
2025. In its petition, the Debtor reports total assets of
$1,838,494 and total liabilities of $18,055,382.
The Debtor is represented by Lesley D. Bohleber, Esq., of BUSH
KORNFELD LLP.
DIOCESE OF BUFFALO: DOB Entities' Cash Contribution to Fund Plan
----------------------------------------------------------------
The Diocese of Buffalo, N.Y., submitted a Disclosure Statement in
support of Joint Plan of Reorganization dated October 1, 2025.
The Diocese is a not-for-profit corporation under New York law.
There are four primary sources of income used by the Diocese to
support its operations: (i) the Fund for the Faith; (ii)
contributions and bequests; (iii) Diocesan assessments; and (iv)
assets released from restriction.
Survivors of Abuse are the focal point of the Plan. The tragedy of
the Abuse that was inflicted in the past by individuals purporting
to do the missionary work of the Roman Catholic Church is
impossible to overstate. Instead of fulfilling this mission, such
perpetrators inflicted harm and suffering. The Abuse is
inexcusable. It not only deeply impacted the survivors, but it also
affected the faithful and the community that the Diocese serves.
The provides for payment in full of all Administrative Claims,
Priority Tax Claims, Non-Tax Priority Claims, Professional Fee
Claims, and U.S. Trustee Fee Claims, leaves unimpaired any Allowed
Secured Claims or Pass-Through Claims, provides for deferred
payments equal to the full Allowed amount of any General Unsecured
Claims, and establishes the Abuse Claims Settlement Fund to be held
by the Trust to compensate holders of Abuse Claims. Inbound
Contribution Claims against the Diocese are disallowed and
extinguished pursuant to the Plan.
The Plan's treatment of Abuse Claims represents the culmination of
more than five years of negotiation between the Diocese and the
Committee in its capacity as an advocate on behalf of all Abuse
Claimants and has been approved by the Committee in consultation
with attorneys ("State Court Counsel") who collectively represent
an overwhelming majority of Abuse Claimants who have asserted Abuse
Claims against the Diocese.
The Plan provides that funding for the Trust and the Abuse Claims
Settlement Fund will be provided from, among other potential
sources of recovery, a monetary contribution by the Diocese and
other Participating Parties in the aggregate amount of $150,000,000
(the "DOB Entities' Cash Contribution"), which may include up to
$25,000,000 to be evidenced by the DOB Trust Note. The Plan also
provides for other potential sources of funding for the Abuse
Claims Settlement Fund.
As of the date of this Disclosure Statement, the Diocese, and the
Committee have agreed to accept the following Settling Insurer
payments: (i) $37.5 million as a settlement payment from Wausau;
(ii) $85 million as a settlement payment from CNA; and $1.4 million
as a settlement payment from AIG. If the conditions set forth in
the Plan are met and the Plan Proponents reach an Insurance
Settlement Agreement or other terms of settlement with respect to
Insurance Claims against Non-Settling Insurers prior to
commencement of the confirmation hearing for the Plan, the Plan
provides that such Non-Settling Insurers may become Settling
Insurers and for settlement proceeds resulting therefrom to be used
to further supplement the Abuse Claims Settlement Fund.
The contribution by the Diocese and each of the Participating
Parties that would receive a release under the Plan was reached as
the result of extensive negotiations regarding, among other things,
the extent of liability faced by each entity, the ability of each
entity to pay, and insurance coverage available for the types of
Claims being satisfied by the Trust. In exchange for the
contributions to the Trust, (a) the Diocese, (b) the Parishes, (c)
the Schools, (d) Other Catholic Organizations, and (e) the Settling
Insurers (collectively, the "Protected Parties") shall receive
certain releases, exculpation, and injunctions, all as more
specifically set forth in this Disclosure Statement and the Plan.
In this case, the Diocese has prepared cash flow projections
demonstrating that the Diocese, together with the Participating
Parties, will be able to fund the DOB Entities' Cash Contribution,
that the Diocese will be able to meet their other respective
obligations under the Plan, and that the Diocese will have
sufficient resources to support ongoing ministries and operations.
The cash flow projections demonstrate that the Diocese will be able
to fund the Plan on the Effective Date and that the Diocese will be
able to make all payments required pursuant to the Plan so that no
further financial restructuring will be necessary.
Class 5 Claims include all General Unsecured Claims. Except to the
extent the holder of an Allowed General Unsecured Claim agrees in
writing to accept less favorable treatment as proposed by the
Diocese, the Diocese shall pay each holder of an Allowed General
Unsecured Claim, Cash in two installments each equal to 50% of the
Allowed amount of such General Unsecured Claim with the first
payment to occur on, or as soon as reasonably practicable after the
later of (a) the Effective Date, and (b) the date on which such
General Unsecured Claim becomes an Allowed General Unsecured Claim,
and the second payment to occur on, or as soon as reasonably
practicable after the date that is six months after the date of the
first payment.
The payments shall be in full satisfaction, settlement, and release
of, and in exchange for, such Allowed General Unsecured Claim.
Notwithstanding anything to the contrary, no payments shall be made
to any Protected Party on account of any General Unsecured Claim
and all Protected Parties shall be deemed to have withdrawn any
General Unsecured Claim with prejudice as of the Effective Date in
consideration of the Channeling Injunction and Release provisions
provided in Article 12 of the Plan. The Trust shall not be
responsible for payment of General Unsecured Claims. Class 5
General Unsecured Claims are Impaired.
Class 6 Abuse Claims will be assessed and paid in accordance with
the Allocation Protocol, which is designed to provide an
expeditious, efficient, and inexpensive method for determining
whether an Abuse Claimant is entitled to a Distribution from the
Trust. The Diocese and the Participating Parties shall reasonably
cooperate with the Abuse Claims Reviewer and the Trustee in
connection with any inquiries by either related to the
administration of the Allocation Protocol, but shall not be
required to act in any way that prevents the satisfaction of any
Post- Effective Date Preconditions to Coverage under any Non
Settling Insurer Policy, if any (including, if applicable, by
cooperating with a Non-Settling Insurer). Under no circumstance
shall the Abuse Claims Reviewer's review of an Abuse Claim or a
Distribution to an Abuse Claimant have any effect on the rights,
defenses, or obligations of any Non-Settling Insurer.
All Administrative Claims, Priority Tax Claims, Non-Tax Priority
Claims, Secured Claims, General Unsecured Claims, and Pass-Through
Claims will be paid by the Diocese. All Distributions to be made
under the Plan on account of Abuse Claims will be paid solely from
the Trust to be established for the purpose of receiving,
liquidating, and distributing Trust Assets in accordance with the
Plan, the Allocation Protocol, and the Trust Agreement.
On the Confirmation Date, or as soon as practicable thereafter, the
Trust shall be established in accordance with the Trust Documents
for the exclusive benefit of the holders of Abuse Claims. The Trust
will assume all liability for and rights concerning all Channeled
Claims, including the rights to settle the Channeled Claims. The
Trust will control the allocation and Distribution of the Abuse
Claims Settlement Funds to Abuse Claimants pursuant to the terms of
the Allocation Protocol, the Trust Agreement, the Plan, and the
Confirmation Order. The Trustee shall establish and maintain a
reserve for Trust Expenses, which shall be paid pursuant to the
terms of the Trust Agreement.
A full-text copy of the Disclosure Statement dated October 1, 2025
is available at https://urlcurt.com/u?l=mQMA0E from Stretto, claims
agent.
Counsel to the Debtor:
BOND, SCHOENECK & KING, PLLC
Stephen A. Donato, Esq.
Charles J. Sullivan, Esq.
Grayson T. Walter, Esq.
Sara C. Temes, Esq.
One Lincoln Center
Syracuse, New York 13202-1355
Telephone: (315) 218-8000
Email: donatos@bsk.com
sullivc@bsk.com
walterg@bsk.com
stemes@bsk.com
About The Diocese of Buffalo N.Y.
The Diocese of Buffalo, N.Y., is home to nearly 600,000 Catholics
in eight counties in Western New York. The territory of the diocese
is co-extensive with the counties of Erie, Niagara, Genesee,
Orleans, Chautauqua, Wyoming, Cattaraugus, and Allegany in New York
State, comprising 161 parishes. There are 144 diocesan priests and
84 religious priests who reside in the Diocese.
The diocese through its central administrative offices (a) provides
operational support to the Catholic parishes, schools, and certain
other Catholic entities that operate within the territory of the
Diocese "OCE"; (b) conducts school operations through which it
provides parish schools with financial and educational support; (c)
provides comprehensive risk management services to the OCEs; (d)
administers a lay pension trust and a priest pension trust for the
benefit of certain employees and priests of the OCEs; and (e)
provides administrative support for St. Joseph Investment Fund,
Inc.
Dealing with sexual abuse claims, the Diocese of Buffalo sought
Chapter 11 protection (Bankr. W.D.N.Y. Case No. 20-10322) on Feb.
28, 2020. The diocese was estimated to have $10 million to $50
million in assets and $50 million to $100 million in liabilities as
of the bankruptcy filing.
The Honorable Carl L. Bucki is the case judge.
The Debtor tapped Bond, Schoeneck & King, PLLC, led by Stephen A.
Donato, Esq., as counsel; Connors LLP and Lippes Mathias Wexler
Friedman LLP as special litigation counsel; Jones Day as special
corporate governance counsel; and Phoenix Management Services, LLC
as financial advisor. Stretto is the claims agent, maintaining the
page: https://case.stretto.com/dioceseofbuffalo/docket
The U.S. Trustee for Region 2 appointed a committee of unsecured
creditors on March 12, 2020. The committee tapped Pachulski Stang
Ziehl & Jones, LLP and Gleichenhaus, Marchese & Weishaar, PC as
bankruptcy counsel, and Burns Bair LLP as special insurance
counsel.
DOOR COUNTY: Loses Bid to Reinstate Exclusivity Period
------------------------------------------------------
Judge Beth E. Hanan of the United States Bankruptcy Court for the
Eastern District of Wisconsin denied Door Co. Environmental Energy
LLC's request to reinstate its exclusivity period under 11 U.S.C.
Sec. 1121.
Nacelle owns and operates a gas upgrading plant adjacent to DCEE's
digester that conditions and purifies the raw biogas by removing
carbon dioxide, hydrogen sulfide, and other impurities, and
converts it into useable renewable natural gas. DCEE pays Nacelle a
monthly fee of $110,000 for its services (subject to adjustment
based on performance, per the parties' service contract), which
also covers costs for the use and maintenance of Nacelle's gas
upgrading equipment.
In its Chapter 11 plan of reorganization, DCEE proposes to reject
the service contract with Nacelle within one year of the effective
date of the plan and transition to a new (yet-to-be identified)
service provider to perform the same work.
Alarmed by DCEE's intentions to engage a new, unidentified service
company to perform its gas upgrading services, as well as DCEE's
proposal to build and operate a second digester, Nacelle seeks to
advance its own disclosure statement and plan for voting. To that
end, Nacelle has filed a motion (along with copies of its proposed
disclosure statement and plan) asking the Court to:
(1) conditionally approve its proposed disclosure statement and
(2) schedule a combined hearing on confirmation of its plan and
final approval of its disclosure statement.
DCEE objects. Although the debtor no longer has an exclusive right
to file a plan under 11 U.S.C. Sec. 1121(c)(3) (discussed infra),
DCEE urges the Court to give its pending plan primacy over any
competing plans, including Nacelle's, by either:
(1) reinstating DCEE's exclusive right to file a plan and
prohibiting the filing of other plans, or
(2) holding proceedings on any competing plans in abeyance until
the conclusion of the confirmation hearing on DCEE's plan
(currently scheduled for November 20, 2025).
DCEE commenced this case on Dec. 19, 2024. It filed its original
plan of reorganization within 120 days of the petition date (April
18, 2025) but failed to obtain acceptance of that plan (or move to
enlarge the time to do so under Sec. 1121(d)(1)) within 180 days of
filing (by June 17, 2025).
DCEE now concedes that it missed the June 17 acceptance deadline of
Sec. 1121(c)(3), and therefore exclusivity has expired, but says
that it did so inadvertently and in a good faith effort to resolve
the objections to its disclosure statement. In the circumstances,
argues DCEE, the Court can and should retroactively reinstate its
exclusive right to file a plan.
Section 1121(d)(1) mandates that a request to extend an exclusivity
period be made before the period expires. Rule 9006(b), which
allows retroactive relief upon a showing of excusable neglect,
applies only to deadlines set by the bankruptcy rules and court
orders -- not deadlines set by the Code -- so is of no assistance
in this case. Finally, even assuming the Court could reinstate
exclusivity based on a finding of excusable neglect, DCEE has not
convinced the Court that this kind of extraordinary relief is
warranted. The statutory deadlines of section 1121 are plain and
easily calculable.
More problematic, according to the Court, is that DCEE relies on
events that occurred after the June 17 expiration of its
exclusivity deadline (most notably, the scheduling agreement
reached by the parties at the June 30 hearing) as evidence of its
belief that exclusivity was meant to continue.
The Court finds DCEE's plan as it stands cannot be confirmed for
procedural reasons: Class 3, which currently is impaired, was not
given the opportunity to vote.
For these reasons, the Court must deny DCEE's request to reinstate
its plan-filing exclusivity and/or prohibit the filing of competing
plans.
The Court will hold a status conference on Oct. 14, 2025, at 1:30
p.m. in Room 150 of the United States Courthouse, 517 E. Wisconsin
Ave., Milwaukee, WI 53202 to discuss rescheduling voting procedures
on DCEE's plan.
A copy of the Court's Decision and Order dated October 3, 2025, is
available at https://urlcurt.com/u?l=9gicfd
About Door County Environmental Energy
Door County Environmental Energy LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Wis. Case No. 24-26772) on
Dec. 19, 2024. In the petition filed by Chris A. Lenzendorf, as
authorized signatory of Door County Environmental Energy LLC, the
Debtor estimated assets between $1 million and $10 million and
estimated liabilities between $10 million and $50 million.
Judge Beth E. Hanan oversees the case.
The Debtor is represented by Claire Ann Richman, Esq. at RICHMAN &
RICHMAN LLC.
German American State Bank, as lender, is represented by:
Sara C. McNamara, Esq.
REINHART BOERNER VAN DEUREN S.C.
1000 North Water Street, Suite 1700
Milwaukee, WI 53202
Tel: (414) 298-1000
Email: smcnamara@reinhartlaw.com
DOVGAL EXPRESS: Court Extends Cash Collateral Access to Oct. 31
---------------------------------------------------------------
Dovgal Express, Inc. received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois to use its
lenders' cash collateral.
The eighth interim order signed by Judge Timothy Barnes extended
the Debtor's authority to use cash collateral through October 31 to
pay the expenses set forth in its budget.
As protection for the use of their cash collateral, the lenders
were granted replacement liens on their collateral and will receive
payments in accordance with the budget.
In addition, the Debtor was ordered to make total payments of
$95,711.08 to its lenders as further protection.
The next hearing is scheduled for October 17.
Dovgal was previously involved in transportation business shipping
loads throughout the U.S. Due to the economic downturn in the
trucking industry beginning in 2022 that resulted in higher fuel
prices and lower rates per mile, Dovgal has pivoted to leasing
trucks and trailers to other transportation companies, including
lease to own equipment, to enable it to secure a steady stream of
income through the lease of truck and trailers.
About Dovgal Express Inc.
Dovgal Express, Inc. is a transportation services provider
specializing in dry van truckload, less-than-truckload, and
refrigerated shipments.
Dovgal Express sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-18991) on Dec. 20,
2024, with $1 million to $10 million in assets and $10 million to
$50 million in liabilities. Oleksandr Dovgal, president of Dovgal
Express, signed the petition.
Judge Timothy A. Barnes handles the case.
The Debtor is represented by:
O Allan Fridman, Esq.
Law Office Of O. Allan Fridman
Tel: 847-412-0788
Email: allanfridman@gmail.com
DR. JOHN DAIGNAULT: Unsecureds Will Get 13.9% of Claims in Plan
---------------------------------------------------------------
Dr. John Daignault P.C. filed with the U.S. Bankruptcy Court for
the District of Massachusetts a Plan of Reorganization dated
October 1, 2025.
The Debtor was formed in 2015 to be the professional corporation of
Dr. John Daignault, a forensic psychologist with over 40 years of
experience providing forensic psychological evaluations and
consultations in criminal, civil, family, juvenile, federal, and
administrative courts.
Dr. Daignault is the Debtor's only shareholder and only
psychologist. In addition to Dr. Daignault, the Debtor has an
office administrator and an office assistant. The Debtor's offices
are located at 100 Grandview Road, Suite 311, Braintree, MA 02184.
The Debtor's liabilities consist of the following approximate
amounts: $536,000 owed to the US Small Business Administration,
$275,000 to Five Star Bank on an SBA-guaranteed loan, $656,000 owed
to BHG Financial, $288,000 allegedly owed to Thor Capital Group,
and $125,000 allegedly owed to Kapitus Servicing, Inc. Each of
these debts is purportedly secured by some or all of the Debtor's
assets. In addition, the Debtor owes about $61,000 in other general
unsecured debt, credit cards and vendors.
The Debtor's Plan is a three-year bootstrap plan. The Debtor will
continue operating its practice and repay creditors from future
income. The Debtor will cramdown the secured claims to the value of
the collateral, which the Debtor estimates to be about $20,000.00.
The remaining claims will be treated as general unsecured claims.
Each Claimant will receive its pro rata share of $262,000.00 over
three years, which represents an estimated 13.5% dividend. The
Debtor will distribute $10,000 quarterly until July 2027 when Dr.
Daignault's domestic support obligations end. Thereafter, the
Debtor will distribute $24,000 every other month for the remaining
16 months of the Plan.
The Debtor is confident the Plan is feasible. The Plan is funded
through the Debtor's future net income based on reasonable
assumptions.
The Debtor's projections assume Dr. Daignault will be able to work
at his current levels for the next three years. The projections
include a relatively modest increase in Dr. Daignault's salary upon
Confirmation of the Plan so that Dr. Daignault can begin paying his
significant tax liability. The projections also include a more
significant salary reduction after Dr. Daignault's domestic support
obligations end in July 2027. At that time, the Debtor will
increase the frequency and amount of his payments to the Class 6
General Unsecured Creditors from $10,000 every quarter to $24,000
every other month.
Class Six consists of the Allowed General Unsecured Claims in
excess of $50,000. In full and complete satisfaction, settlement,
release and discharge of all Class Six claims, each holder of an
Allowed Class Six claim shall receive a pro rata distribution of
$262,000, paid in 7 quarterly payments of $10,000 commencing on the
Effective Date and 8 subsequent bi-monthly payments of $24,000. In
addition, any net proceeds recovered by the Debtor from any
Avoidance Actions or other claim will be contributed to the Plan.
The Debtor estimates that each holder of a Class 6 Claim will
receive approximately 13.9% of its Claim through the Plan.
In addition to the payments described, if the Debtor or Reorganized
Debtor pursues any Claims, demands, rights or Causes of Action and
receives a recovery thereon, any amounts received in excess of
$185,000 (after payment of attorney's fees and other costs of
litigation) will be distributed pro rata to the Class 6 and Class 7
Claimants. The claims of the General Unsecured Creditors are
impaired under the Plan.
Class Seven consists of the Allowed General Unsecured Claims less
than or equal to $50,000. In full and complete satisfaction,
settlement, release and discharge of all Class 7 Claims, each
holder of a Class 7 Claim shall receive a 13.9% dividend on their
Claim payable in full in cash on the Effective Date. The claims of
the Convenience Class are impaired under the Plan.
In addition to the payments described in subparagraph c above, if
the Debtor or Reorganized Debtor pursues any Claims, demands,
rights or Causes of Action and receives a recovery thereon, any
amounts received in excess of $185,000 (after payment of attorney's
fees and other costs of litigation) will be distributed pro rata to
the Class 6 and Class 7 Claimants.
The Plan will be funded from the Debtor's net income. Upon the
Effective Date, the Debtor is authorized to take all action
permitted by law, including, without limitation, to use its cash
and other Assets for all purposes provided for in the Plan and in
its operations, to borrow funds, to transfer funds between itself
and any other entity for any legitimate purpose, including but not
limited to cash management, to refinance its obligations under the
Plan or to sell its existing Assets.
A full-text copy of the Plan of Reorganization dated October 1,
2025 is available at https://urlcurt.com/u?l=BeK7r0 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Kate E. Nicholson, Esq.
Nicholson Devine LLC
21 Bishop Allen Dr.
Cambridge, MA 02139
Telephone: (857) 600-0508
Email: kate@nicholsondevine.com
About Dr. John Daignault P.C.
Dr. John Daignault P.C. is a professional corporation based in
Braintree, Massachusetts.
Dr. John Daignault P.C. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-11389) on July 3,
2025. In its petition, the Debtor reports estimated assets between
$50,000 and $100,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Christopher J. Panos handles the case.
The Debtors are represented by Kate E. Nicholson, Esq. at Nicholson
Devine LLC.
DRI HOLDING: S&P Alters Outlook to Stable, Affirms 'B-' ICR
-----------------------------------------------------------
S&P Global Ratings revised its outlook on U.S.-based web-to-print
provider DRI Holding Inc. to stable from positive and affirmed all
ratings, including the 'B-' issuer credit rating.
The stable outlook reflects S&P's view that DRI will maintain
leverage below 6x and modestly positive reported FOCF based on its
expectation for about 1% EBITDA growth over the next 12 months.
S&P said, "DRI Holding Inc.'s underperformed our expectations in
the first half of 2025 due to a weak top line and elevated
operating expenses. We believe lower revenue primarily came from
small and midsize businesses (SMBs) pulling back on marketing
spending in response to an uncertain macroeconomic backdrop.
"We now expect leverage to increase to 5.9x in 2025 from 5.6x in
2024, with only modest deleveraging in 2026, and free operating
cash flow (FOCF) to debt to remain below 5% through 2026.
"We no longer expect FOCF to debt of at least 5% in the next 12
months. As of the second quarter of 2025, FOCF to debt was about
1.9% on a rolling-12-months basis and leverage was 6.2x. We expect
cash flow to remain weak, with FOCF to debt of about 1% in 2025.
Our base-case forecast assumes a modest improvement in 2026 to
about 3.5%, still below our 5% upgrade threshold. This reflects our
expectations for gradually easing inflation and lower interest
rates in 2026. We believe the underperformance is primarily due to
weaker economic conditions as DRI looks to preserve its market
share.
"Our base case assumes that leverage increases to 5.9x in 2025 from
5.6x in 2024 due to a 4% decline in EBITDA to about $87 million
from our previous forecast of about $106 million. Elevated shipping
costs and tariff-related price increases on key inputs are primary
factors in weaker earnings, although we expect these headwinds will
improve in the back half of 2025. We also expect working capital
improvements will raise FOCF to debt to about 3.5% in 2026 despite
only modest leverage reduction."
DRI's business is sensitive to macroeconomic conditions. It has
significant exposure to SMB customers, which curtailed marketing
spending in the first half of 2025 in response to their own actual
and anticipated weak performance. DRI generates substantial revenue
from sales of custom marketing materials, including display and
signage, stickers and labels, professional forms and stationery,
and other specialty print items. S&P considers these products more
discretionary and therefore vulnerable to shifts in economic
conditions. Print-based marketing materials are often purchased on
a noncontractual basis, leading to volatile demand, particularly
during economic uncertainty as customers seek to reduce marketing
expenditure.
S&P said, "We expect low revenue growth for DRI over the next two
years. Our baseline forecast anticipates U.S. GDP expansion of 1.9%
in 2025 after a weak first half. DRI's revenue decreased by 3% in
the first six months of 2025, reflecting broader economic
headwinds. However, we expect a modest easing of inflationary
pressures and interest rates in the second half of 2025, creating a
modestly more favorable macro environment for SMBs. As a result, we
expect roughly flat revenue for DRI in 2025. In 2026, we project
U.S. GDP growth of 1.8%, with inflation stabilizing near 3% and
interest rates modestly declining. Consequently, we forecast a
total revenue increase of about 1% in 2026, supported by some
improvement in operating conditions for SMBs.
"The stable outlook reflects our view that DRI will maintain
leverage below 6x and that reported FOCF will remain at least
modestly positive based on our expectation for about 1% EBITDA
growth over the next 12 months."
S&P could lower the rating on DRI if it no longer view its capital
structure as sustainable. This could occur if:
-- The company cannot generate positive FOCF;
-- Its access to additional liquidity is limited due to
challenging capital market conditions and covenant constraints; or
-- The company is unable to extend the maturity on its revolver
due December 2026.
While unlikely over the next 12 months, S&P could raise the rating
on DRI if the company:
-- Consistently improves its organic revenue and scale through
increased market penetration and accretive acquisitions;
-- Increases its FOCF to debt to more than 5% while maintaining
leverage below 6x on a sustained basis; and
-- S&P believes its financial sponsors are committed to
maintaining such leverage.
DYE & DURHAM: S&P Lowers ICR to 'B-', Outlook Negative
------------------------------------------------------
S&P Global Ratings lowered its rating on Dye & Durham Corp.'s (DND)
to 'B-' from 'B'. At the same time, S&P lowered its issue-level
rating on the company's secured debt to 'B-'. The recovery rating
is unchanged at '3', indicating its expectation for average
(50%-70%; rounded estimate: 65%).
The negative outlook reflects our expectation that S&P Global
Ratings-adjusted leverage will remain elevated above 7.0x and the
interest coverage ratio will remain weak over the next 12 months.
It also reflects our expectation for a narrow covenant cushion,
which could constrain liquidity if operating performance
underwhelms. This is due to the softness in core operating
markets--primarily, real estate--as well as internal operational
challenges.
DND's performance has weakened due to softness in real estate
markets and higher operating costs. As a result, leverage increased
to 7.6x on a last-12-months basis as of March 2025.
Despite plans to prepay senior debt, leverage will likely remain
elevated through 2026 and could rise further in a softening market
environment.
Credit metrics remain weak. S&P Global Ratings-adjusted leverage
deteriorated to 7.6x on a last-12-months basis as of March 2025, up
from 7.3x in December 2024 and 6.1x in June 2024--exceeding S&P's
downside threshold of 7.0x. The lower EBITDA reflected minimal
revenue growth but elevated operating costs, high restructuring
charges, and one-time costs. As a result, EBITDA interest coverage
also remained weak at about 1.4x. In S&P' view, the credit metrics
remain weaker than 'B'-rated software peers.
Dye & Durham had approximately $120 million in acquisition earn-out
and contingent liabilities scheduled for payment between fiscal
2025 and 2027. Of this, around $60 million was due in 2025, which
is almost the same as our expected cash flow from operations. S&P
said, "We note that the company has already paid $50 million toward
these obligations through March. The remaining contingent
liabilities are factored into our adjusted debt calculation between
2025 and 2027. We acknowledge that elevated restructuring costs,
proxy-related expenses, and a one-time CEO separation package were
key contributors to this year's under-performance. However, they
could recur if shareholder activism resurfaces."
S&P said, "Our revised projections indicate leverage of
approximately 7x for full-year 2025, even assuming the company uses
the estimated $140 million in net proceeds from the sale of Credas
(announced Oct 7, 2025, and expected to close in two to three
months) to pay down the term loan B. Management plans to prioritize
deleveraging in the near-term. However, given a softening real
estate market and ongoing governance issues, the company's ability
to execute its turnaround plan and reduce leverage below 7.0x over
the next 12 months is uncertain. Therefore, we lowered our ratings
to 'B-'.
"We revised our projections down, reflecting soft markets.
Noncontracted transactional revenues, representing approximately
43% of total revenue as of second-quarter 2025, are largely tied to
real estate transactions and remain vulnerable to continued
softness in Canada and the U.K amid a weaker macroeconomic
backdrop. Canadian residential housing sales were down 3% in the
first half the year. Dye & Durham underperformed our expectations
in third-quarter 2024, with only 0.9% top-line growth (including a
2% organic revenue decline) and a 46.5% S&P Global Ratings-adjusted
EBITDA margin. The S&P Global Ratings-adjusted EBITDA margin
declined year over year to 40.6% from 46.4%, driven by lower
operating leverage and higher direct costs.
"Concurrently, the company has had to reduce minimum spend
commitments to maintain customer viability in a down real estate
market, even though we expect low churn for contracts up for
renewal in Q4. Lower spend commitments and lower transaction
volumes are contributing to revenue pressure. As a result, we
revised our fourth-quarter forecast down and now expect flat
revenue growth in 2025. Additionally, we anticipate that real
estate transaction volumes will remain subdued in 2026,
particularly in Ontario and British Columbia, where affordability
challenges continue to weigh on buyer activity. While weaker
housing sales may dampen overall market momentum, we expect this to
be partially offset by sustained refinancing activity.
"As a result, we project that Dye & Durham's top-line revenue will
decline about 4% in 2026, reflecting flat organic growth and lost
revenue from sale of Credas. Consequently, we also revised our 2026
adjusted EBITDA margin forecast down to about 48%. As a result, we
now believe the recovery will be slower than what we previously
anticipated."
Governance disruptions and management churn could derail DND's
turnaround amid market headwinds. Dye & Durham has experienced
significant executive turnover, cycling through four CEOs and three
CFOs in recent quarters. Following a cooperation agreement with
major shareholder Plantro Ltd., the company launched a strategic
review in July, exploring options such as asset sales,
recapitalization, mergers, or a full sale.
Earlier this month, Dye & Durham announced it would miss the
deadline to file its annual financial statements due to an ongoing
review by the Ontario Securities Commission (OSC). The OSC inquiry
centers on the company's goodwill impairment testing and purchase
accounting disclosures and will not likely affect prior results or
projections. However, governance tensions have also escalated, with
former executives and shareholders publicly calling for board-level
changes.
S&P said, "We believe that leadership instability and activist
pressure may distract management from executing its turnaround
strategy--particularly in a weakening real estate market.
Therefore, we revised our management and governance score to
negative.
"We expect the company's covenant cushion to tighten by
third-quarter 2026. The senior secured credit facility includes a
maximum first-lien net leverage of 5.8x, which will be tested if
borrowings exceed 35% of total commitments." Currently, the company
holds $185 million in escrow to settle its original debentures
maturing in March 2026. Once those debentures are repaid, the
company will no longer be able to net the escrowed amount against
debt in the first-lien net leverage calculation. Additionally,
certain EBITDA adjustments that previously supported this
calculation are expected to roll off.
As a result, S&P anticipates the cushion against the 5.8x threshold
will decline through second-quarter 2026 and narrow significantly
by third-quarter 2026 (ending March 2026), posing a risk to the
company's ability to draw further on its revolving credit facility.
The planned debt repayment improves the covenant cushion; however,
it remains tight. This underpins the importance of successfully
executing its turnaround strategy, including but not limited to
selling noncore assets and using the proceeds to reduce its
elevated leverage.
Dye and Durham operates in highly competitive and fragmented
markets, with competition from regional and specialized players.
Although management continues to work on improving its Unity
platform as a consolidated legal technology solution, it faces
significant competition in key international markets outside of
Canada. The company's approach to bundle practice management, due
diligence, and complementary tools like mortgage instructions and
title insurance offers some appeal to small- and medium-sized law
firms, which often lack in-house capabilities. However, competition
is tight, and broader software-as-a-service (SaaS) adoption across
legal workforce will take time. As such, the pace of conversion and
modernization across the long tail of customers could be slow.
S&P said, "Given its significant acquisition spend in recent years
($1.9 billion since the IPO), we expect management will focus on
integration and operational efficiencies in the near to medium
term. Management has indicated its plans to focus on improving
platforms and customer experience on a regional basis rather than
software consolidation. We believe any further turnover in its key
leadership, governance challenges, and shareholder activism could
distract operations and temper the pace of effectiveness of
delivering strategy going forward.
"The negative outlook reflects our expectation that S&P Global
Ratings-adjusted leverage will likely remain elevated above 7.0x
and interest coverage ratio remains weak over the next 12 months.
It also reflects our expectation of a narrow covenant cushion,
which could constrain liquidity if operating performance
underwhelms. This is due to the softness in core operating
markets--primarily, real estate--as well as internal operational
challenges."
S&P could lower the rating over the next 12 months if reduced real
estate transactions, higher customer churn, or excess cost due to
shareholder activism leads to:
-- S&P believes that the company's capital structure is
unsustainable;
-- EBITDA interest coverage approaching 1.0x; or
-- Constrained liquidity and tightened covenant headroom.
S&P could change the outlook to stable if:
-- Management implements and successfully executes on its
turnaround strategy, improving EBITDA and lowering leverage to
below 7.0x on a sustained basis; and
-- The company demonstrates management and board-level stability.
EE TLB BORROWER: S&P Assigns Prelim 'BB-' Rating on Secured Debt
----------------------------------------------------------------
S&P Global Ratings assigned its preliminary 'BB-' rating and '1+'
recovery rating to EE TLB Borrower LLC's (Earthrise) proposed $300
million term loan B (TLB) and $30 million term loan C (TLC).
Earthrise will use proceeds to repay existing debt and to make a
distribution to the sponsor, which will be used for solar capital
expenditures (capex) outside of the project perimeter. S&P's
preliminary rating is subject to review of the terms and conditions
of the final issuance documents.
Earthrise benefits from some cash flow visibility through cleared
capacity revenues and bilateral capacity contracts, supporting cash
flow sweeps. At the same time, MISO capacity market pricing remains
volatile with limited long-term visibility and is a key risk since
it accounts for 40%-45% of forecast gross margin.
The '1+' recovery rating reflects our expectation of full recovery
(100%) in a default scenario.
S&P said, "The stable outlook reflects our expectation of robust
debt service coverage (DSC) during the TLB period, with a minimum
debt service coverage ratio (DSCR) of 2.21x in 2026. The TLB has a
robust sweep structure, with a 75% excess cash flow sweep and a
target debt balance mechanism, which should support full repayment
by 2032 assuming that MISO capacity clears as indicated under our
base-case scenario."
Earthrise is an operational 1.7 gigawatt thermal portfolio owned by
sponsor Earthrise Energy PBLLC (Vision Ridge Partners; the
sponsor). The sponsor also owns solar assets that are outside of
the project perimeter. The project consists of five natural gas
combustion turbine facilities in Illinois, spanning both the PJM
and MISO markets in approximately equal proportion. The facilities
reached the commercial operations date between 1999-2001 and have
heat rates commensurate with peaking facilities. Gibson, Shelby,
and Tilton participate in the MISO market; Crete and Lincoln
participate in the PJM market.
S&P said, "About 40%-45% of the project's cash flow available for
debt service (CFADS) is tied to MISO capacity, which is volatile,
and on which we lack visibility. MISO capacity revenues account for
40%-45% of gross margin over the life of the project. We have
limited long-term visibility on MISO capacity revenues and
historical prices have been volatile. We recognize there is robust
short- to medium-term visibility on MISO capacity revenues via
cleared capacity and bilateral capacity contracts. However, in the
medium- to long-term, the percentage of MISO capacity revenue that
is locked in steps down. We note that historically, there has been
considerable volatility in MISO due to limited capacity being
cleared in the planning resource auction (PRA; capacity auction)
alongside a vertical demand curve. Although MISO has changed its
auction to seasonal and implemented a sloped demand curve that will
reward excess capacity and temper prices if there's a shortfall, it
remains unclear what impact this will have on capacity prices.
Moreover, the PRA clears shortly before the delivery year and only
one year out, meaning there is limited price visibility. We expect
that near-term tightness due to increased demand should increase
capacity prices and forecast prices of about $150 per megawatt-day
(/MW-day) to $225/MW-day through the TLB period. Therefore,
although we see prices improving, realized auction prices could be
materially different from our projections.
"The project also has bilateral contracts, which help support cash
flow visibility until 2028, with less visibility beyond then.
Bilateral capacity contracts are common in MISO, as most capacity
is either self-supplied or procured bilaterally, with just 3%
secured in the PRA. We expect Earthrise will continue to execute on
bilateral capacity contracts, as per management's strategy. The
contracts are with creditworthy counterparties that we do not
expect will constrain the rating."
The robust sweep structure supports the preliminary 'BB-' rating.
The TLB will have a flat 75% excess cash flow sweep feature
alongside a target balance--whichever leads to a larger sweep
amount--a structure that is more robust compared with that of
peers. S&P said, "As a result, our minimum DSCR is 2.21x, which we
view as commensurate with the rating. Moreover, the target balance
is set to reach zero by maturity in 2032. At the same time, the
project is materially dependent on MISO capacity revenues, which we
view as volatile and on which we lack long-term visibility."
The assets are all peakers, meaning the project is reliant on
capacity revenues for debt repayment. S&P expects the project will
generate more than 90% of gross margin from capacity revenues
and/or bilateral contracts. As a result, the project is exposed to
fluctuations in capacity prices long term, with minimal cash flows
generated from energy margin or ancillary services.
The project is dependent on capacity revenues from both MISO and
PJM for CFADS and cash flow sweeps. PJM capacity revenues are
cleared through May 2027 and the project does not materially engage
in PJM capacity hedging. As a result, the portfolio-wide contracted
and cleared capacity revenue steps down substantially in 2028 to
31% and about 18%-20% through the TLB period. The collar in PJM
does provide incremental visibility on gross margins prior to the
auction.
Asset lives are limited due to regulations, reducing long-term cash
flows. The project's assets are subject to the Climate and
Equitable Jobs Act (CEJA) in Illinois, limiting asset lives to
either 2034 or 2039, reducing project cash flows as they retire.
CEJA requires that assets with high nitrogen oxides (NOx) or sulfur
dioxide (SO2) emissions and within 3 miles of an Equity Investment
Eligible Community (EIEC) are to shut down by 2030, which affects
Tilton and Crete. S&P said, "However, for these assets we assume
selective catalytic reduction (SCR) technology is employed, with
corresponding capex in our base-case scenario, to reduce emissions
below the threshold and continue to operate until 2035 (end of
2034). The incremental capex leads to accretive cash flows for the
additional five-year operating period. We assume decommissioning
costs that the project must bear are nominally the same as salvage
value. The project could also sell the assets to public utilities,
which are not subject to CEJA. As Gibson, Shelby, and Lincoln are
not near an EIEC, they can operate until the end of 2039 and do not
require SCR capex. Ultimately, our assumed project life is limited
to the end of 2039. CEJA also requires gas plants to reduce
emissions to 50% below 2018-2020 levels. Although we do expect
capacity factors will step down in 2029 (Tilton and Crete) and in
2034 (Gibson, Shelby, and Lincoln), the impact is minimal given low
contributions from energy margin to overall cash flows."
Gross margin from each asset is driven primarily by its nameplate
capacity, as gross margins are primarily from capacity revenues.
S&P said, "We expect the project will have anti-filing mechanisms
in its final credit agreements. We assume the project's final
credit agreements will include language addressing anti-filing
mechanisms, thereby de-linking the project from the credit quality
of its parent.
"The stable outlook reflects our expectation of robust DSC during
the TLB period and post-refinancing, with a minimum DSCR of 2.21x
in 2026. The TLB has a robust sweep structure, with a 75% excess
cash flow sweep and target debt balance mechanism, which should
support full repayment by 2032 assuming MISO capacity clears as
indicated under our base-case scenario."
S&P could consider a negative rating action if it expects the
minimum DSCR will fall below 1.5x on a sustained basis. This could
occur if:
-- Capacity prices, in either MISO or PJM, are lower than S&P's
forecast;
-- The project experiences material operational issues, such as
forced outages leading to lower energy margin or capacity
penalties; and
-- The project's excess cash flows do not result in debt paydown,
leading to a higher TLB balance.
S&P could consider a positive rating action if:
-- The project maintains a minimum DSCR above 2.0x in all years
and S&P has better visibility on cash flows driven by executed
long-term bilateral contracts or more visibility on MISO capacity
prices; and
-- The project demonstrates a robust operating track record.
This could occur if the project's sweeps lead to repayment of the
debt and capacity prices clear higher than our forecast. This could
also occur if MISO capacity prices clear higher than forecast or
the project executes on long-term bilateral contracts that improve
its cash flow visibility.
ELANCO ANIMAL: S&P Upgrades ICR to 'BB' on Lower Leverage
---------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Elanco Animal
Health Inc. to 'BB' from 'BB-'.
S&P raised its ratings on its senior secured debt to 'BB+' from
'BB' and on senior unsecured debt to 'BB-' from 'B+'. The recovery
ratings remain '2' and '5', respectively.
The positive outlook reflects that S&P could raise its ratings on
Elanco in the next 12-18 months if it reduces leverage below 3.5x
and we expect it will generally remain there, with free cash flow
to debt sustained above 10%.
Elanco has lowered net leverage to 3.9x from 5.6x in the last 12
months, reducing net debt about $1.6 billion. We expect the company
is committed to sustaining leverage below 4.5x.
The upgrade reflects that Elanco is committed to sustaining lower
leverage. S&P Global Ratings-adjusted debt to EBITDA was 3.9x for
the 12 months ending June 30, 2025, its lowest in five years. The
deleveraging has primarily resulted from about $1.6 billion of debt
repayment using proceeds of its aqua business divestiture (about $1
billion), operating cash flow ($300 million), and the sale of human
health royalties from the lotilaner ($300 million) ophthalmic
solution for Demodex blepharitis. The company has stated its desire
to bring net leverage below 3x. Given material debt repayment,
suspension of share repurchases, and pressure from equity investors
to reduce leverage, we expect Elanco will continue to prioritize
deleveraging and find it unlikely that leverage will increase back
above 4.5x.
The company has a limited history of sustaining leverage below 4.5x
amid acquisitions and operational challenges. S&P views the
substantial debt repayment as signaling a shift in Elanco's
long-term financial policy.
Elanco's better-than-expected product launches should strengthen
its credit profile. The company's launches in 2024 and 2025,
including Credelio Quattro, Zenrelia, Bovaer, and AdTab, have gone
better than expected, contributing to year-over-year revenue growth
despite the divestiture of its aqua business (about 4% of revenues)
in 2024. Elanco raised the midpoint of its expected revenue
contribution from innovative products by $80 million to $760
million. Among these launches, parasiticide Credelio Quattro has
led growth in pet health and become a blockbuster in its first year
of adoption. Within its farm animal business, Experior, a feed
additive that reduces ammonia gas emissions, has led seen the most
significant growth in 2025 stemming from late-2024 FDA approval of
three different product combinations for finishing heifers.
Additionally, Zenrelia, a canine dermatitis Janus kinase (JAK)
inhibitor, has been positive in 2025. Its U.S. boxed warning was
softened and growth was strong in first-line settings. S&P said,
"We expect revenue expansion will remain strong in 2026 and 2027
and that margins will improve materially due to the favorable shift
in product mix toward higher-margin companion animals and bovine
farm animals. We also expect normalized selling, general, and
administrative costs and capital expenditure (capex) following
spikes associated with product launches."
These successes demonstrate improved execution, important for
increasing EBITDA with more than 100 active research and
development programs for different species. S&P expects its
investments in canine and feline monoclonal antibodies will be the
most commercially important pipeline assets over the next few
years.
An ability to reduce costs and improve free cash flow present
ratings upside. Given that the company continues to guide for a
decline in EBITDA in 2025 due to elevated product launch costs and
the divestiture of the aqua business, maintaining a rapid pace of
deleveraging will depend on bringing elevated costs down in 2026.
Elanco has additional work to develop new markets, unseat
entrenched rivals, and defend against other new competing products.
S&P said, "We view the launch of Merck's second-generation JAK
inhibitor as a particular challenge to Zenrelia, given the recency
of its introduction. Additionally, capital investments related to
these new products have temporarily constrained Elanco's free cash
flow. We anticipate it will return above 10% of debt in 2026 as
capex declines."
S&P said, "Given Elanco's global footprint, we view macroeconomic
uncertainty as a risk. While we expect tariffs will present some
challenges to operational improvements, we expect the impact will
be less than $15 million in 2025 and remain modest at under 1% of
revenues in 2026 and 2027. Within the U.S., Elanco's largest
market, veterinarian visits have declined about 2%-3% annually in
2024 and 2025 amid economic pressures and declining pet ownership
from COVID-19 pandemic-related highs. While important for new
products, we think these headwinds are largely offset by still high
pet ownership and increasing spending per visit. Additionally, we
believe Elanco is well positioned to sell its products through
alternative channels, including e-commerce.
"The positive outlook reflects that we could raise our ratings on
Elanco in the next 12-18 months if it reduces leverage below 3.5x
and we expect it will generally remain there, with free cash flow
to debt above 10%."
S&P could revise its outlook on Elanco to stable if it expects:
-- Leverage will remain elevated above 3.5x; or
-- Free cash flow to debt remains below 10%.
Given the company's demonstrated commitment to reducing debt and
its short-term suspension of share repurchases, we expect
operational setbacks or opportunistic mergers and acquisitions
would be the greatest risks to deleveraging.
S&P could consider raising its rating on Elanco if:
-- S&P Global Ratings-adjusted debt to EBITDA declines below 3.5x
and S&P expects it to remain there; and
-- S&P expects it to generally sustain free cash flow to debt
above 10%.
Under this scenario, S&P would expect the company to sustain
expansion from its recently launched products and continue
expanding EBITDA margins through improved product mix and operating
efficiency.
ELECTRIC BICYCLE: Seeks Chapter 7 Bankruptcy in California
----------------------------------------------------------
Steve Frothingham of Bicycle Retailer reports that Electric Bicycle
Co. (EBC), a California-based manufacturer known for its
custom-built e-bikes, has filed for Chapter 7 bankruptcy
liquidation, listing $6.1 million in total liabilities against
$953,000 in assets. The petition also includes $960,000 in secured
claims.
Founded 14 years ago by South African-born entrepreneur and former
restaurateur Sean Lupton-Smith, EBC gained recognition for
assembling and painting its e-bikes domestically in an effort to
rely on U.S.-made components and reduce tariff exposure.
Lupton-Smith attributed the company's downfall to rising tariffs on
imported parts and mounting financing costs. In an email to Bicycle
Retailer and Industry News (BRAIN), he said, "I thought Trump would
save the day but in fact our tariffs on our parts went up from 25%
to 55% and more. It killed us." He added that competitors have
managed to bypass these challenges by routing products through
other countries, under-invoicing, or selling below cost without
proper safety certifications. According to Lupton-Smith, without
stronger tariff protections and stricter enforcement of safety
standards, domestic e-bike manufacturing in the U.S. will remain
unsustainable.
In the wake of EBC's bankruptcy, Lupton-Smith said he plans to
pivot toward promoting e-bike safety through his new initiative,
ebikesafety.com, aimed at advocating for tougher safety standards
and rider education, particularly for children. EBC's closure
underscores the broader struggles of the U.S. bicycle industry,
where tariffs and overseas competition have forced several domestic
assemblers to halt operations. While some brands such as EBliss and
Blaupunkt are expanding assembly in New York and North Carolina,
others—including Kent International and Fuell—have exited U.S.
production due to similar cost pressures. Before shutting down, EBC
raised only $171,000 of its $1.23 million crowdfunding goal,
despite generating $9.5 million in sales and posting a $1.97
million net loss in its most recent fiscal year, 2025, the report
states.
About Electric Bicycle Co. (EBC)
Electric Bicycle Co. (EBC) is a California-based manufacturer known
for its custom-built e-bikes.
ENERGOS INFRASTRUCTURE: S&P Assigns 'BB' ICR, Outlook Stable
------------------------------------------------------------
S&P Global Ratings assigned a 'BB' issuer credit rating to Energos
Infrastructure Holdings Finance LLC.
S&P said, "We assigned a 'BB' issue-level rating and '3' recovery
rating to the proposed senior secured debt. The '3' recovery rating
indicates our expectation of meaningful (50%-70%; rounded estimate:
65%) recovery in the event of a payment default.
"The stable outlook reflects our expectation that Energos
Infrastructure will maintain S&P Global Ratings-adjusted debt to
EBITDA of 5x-5.5x over the next two years."
Energos, a midstream energy company that provides liquefied natural
gas (LNG) services worldwide, launched a $500 million senior
secured term loan B and $1.5 billion in senior secured notes on
Oct. 8, 2025. It will use the proceeds to refinance debt.
Energos' contract profile, fleet, and minimal commodity price
exposure are positives. Its competitive position is enhanced by 13
high-specification assets supported by time charter and terminal
use contracts, which are effectively long-term take-or-pay
arrangements, providing stable revenue and cash flow. About 100% of
the company's EBITDA will be backed by take-or-pay contracts, thus
it has no direct commodity price exposure. Energos'
weighted-average remaining contract life is 14 years with a mix of
investment-grade and speculative-grade customers.
Energos benefits from a fleet in nine countries. Unlike onshore LNG
infrastructure, this geographic diversification means Energos can
move its fleet around the world to meet global demand if a contract
expires or a customer elects to subcontract its vessel. In our
base-case scenario, we do not assume any relocation of assets. S&P
also assumes minimal likelihood of moving its floating storage
regasification units (FSRU) at the end of a contract based on the
critical nature they represent to each country's power supply.
S&P said, "Our view of Energos' business risk is offset by the
smaller scale of the overall business from an EBITDA perspective as
well as exposure to New Fortress Energy Inc. (NFE) as a
counterparty, representing about 23% of 2025 contracted cash flow.
We rate NFE 'CCC' with a negative outlook due to refinancing risk.
While 23% is not immaterial, we believe Energos is taking
appropriate steps to manage counterparty risk. We would expect the
NFE contracted cash flow to continue through restructuring or
default. We also note that Energos is actively working on a buyout
of some of its fleet owned by NFE, which would lower this exposure
over the medium term.
"We expect adjusted EBITDA of $360 million-$370 million in
2025-2027. Most of Energos' cash flow is backed by highly
predictable take-or-pay commitments. We expect S&P Global
Ratings-adjusted EBITDA to remain stable over the next few years as
the company continues to execute on its contracts. We assume the
company will undergo one growth capital project, a conversion of
liquified natural gas carriers (LNGC) to FSRUs, with a total
capital expenditure (capex) budget of about $70 million in 2025,
increasing to $85 million-$90 million in 2026 and 2027. The ships
typically take a little over two years to complete, therefore we do
not expect any cash flow benefit until 2028. The project has yet to
commence so it does not have a customer allocated yet. We assume
Energos can contract the FSRU with similar terms to the existing
fleet.
"We do not anticipate any further expansion projects over our
forecast period. We expect about $115 million in free operating
cash flow through 2027 and no distributions in 2025 and 2026. Since
the company is owned by a financial sponsor, we do not net cash
against outstanding debt, resulting in S&P Global Ratings-adjusted
debt of $1.98 billion in 2025 and $1.94 billion in 2026, with S&P
Global Ratings-adjusted debt to EBITDA of 5x-5.5x through 2027.
"Our FS-5 financial policy score reflects Energos' ownership by a
financial sponsor. Its ultimate parent, Energos Infrastructure
Holdings LLC, has a six-member board of directors, four of whom are
nominated by Apollo Global and two are the senior-most company
executives. We consider Apollo to be a financial sponsor based on
our assumption that it typically employs a financial policy focused
on shareholder returns. We expect gross leverage will be at least
4.5x as per company metrics through our forecasted period.
"The stable outlook reflects our expectation that Energos
Infrastructure will maintain S&P Global Ratings-adjusted debt to
EBITDA of 5x-5.5x over the next two years. We expect it will
continue to operate its fleet of FSRU, floating storage units
(FSU), and LNGC vessels."
S&P could consider a negative rating action on Energos if:
-- It cannot renegotiate contracts at favorable rates; or
-- Credit deterioration at any counterparty materially impairs
cash flow, resulting in adjusted debt to EBITDA sustained above
5.5x.
Although unlikely, S&P could take a positive rating action if
Energos and its sponsor adopt a much more conservative financial
policy.
EVALINA LLC: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Evalina LLC and Xelero Medical Research, LLC received interim
approval from the U.S. Bankruptcy Court for the Middle District of
Florida, Tampa Division, to use cash collateral.
The interim order signed by Judge Catherine Peek McEwen authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court, including monthly payments to the
Subchapter V trustee; and the expenses set forth in the budget,
plus an amount not to exceed 10% for each line item. This
authorization will continue until further order of the court.
The Debtor projects total operational expenses of $66,223 for
October.
Each creditor with a security interest in cash collateral will have
a perfected post-petition lien on the cash collateral, with the
same validity, priority and extent as its pre-bankruptcy lien.
The Debtors are entitled to collect money from parties with
outstanding accounts receivable.
The court will hold a further hearing on November 13.
About Evalina LLC
Evalina LLC, doing business as Ixchel Skin and Body Medical Spa,
provides cosmetic and aesthetic services across facial, body, and
hair treatments. Based in Lutz, Florida, the company offers laser
procedures, microneedling, injectables, IV therapy, body
contouring, hair restoration, and skincare treatments.
Evalina filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-05306) on July 30,
2025, with $1 million to $10 million in assets and liabilities. On
September 26, 2025, Xelero Medical Research, LLC, an affiliate of
Evalina, filed a Subchapter V case (Bankr. M.D. Fla. Case No.
25-07101), listing up to $50,000 in assets and between $100,001 and
$500,000 in liabilities. The cases are jointly administered under
Case No. 25-05306.
Judge Catherine Peek McEwen presides over the cases.
Harley E. Riedel, Esq., at Stichter, Riedel, Blain, & Postler P.A.
represents the Debtors as legal counsel.
EVERCOMMERCE SOLUTIONS: Moody's Affirms 'B1' CFR, Outlook Stable
----------------------------------------------------------------
Moody's Ratings affirmed EverCommerce Solutions Inc.'s
(EverCommerce) B1 corporate family rating and B1-PD probability of
default rating. Moody's also affirmed the B1 rating on
EverCommerce's $30 million senior secured first-lien revolving
credit facility expiring July 2026, $125 million backed senior
secured first-lien revolving credit facility expiring July 2030 and
$529 million backed senior secured first lien term loan due July
2031. The speculative-grade liquidity rating (SGL) is maintained at
SGL-1. The outlook is stable. EverCommerce is a leading provider of
SaaS-based integrated solutions for SMBs globally.
The rating affirmation reflects Moody's views that EverCommerce's
credit metrics will improve over the next 12 to 18 months from
revenue growth in the mid single-digit range (pro forma with the
divestiture of the Marketing Technology Solutions segment) and
sustained margin expansion, with EBITDA margins trending above 20%.
This improvement is underpinned by the company's strategic actions,
including the discontinuation of its lower-margin Marketing
Technology Solutions segment and continued investment in automation
to enhance operational efficiency. While Moody's anticipates that
EverCommerce may pursue selective M&A or share repurchases, Moody's
expects the company to maintain a disciplined capital allocation
strategy aimed at keeping adjusted debt/EBITDA less capitalized
software costs below 5x and preserving a strong liquidity profile,
including full availability under its revolving credit facility.
RATINGS RATIONALE
EverCommerce's B1 CFR is constrained by moderately high financial
leverage, with debt/EBITDA at 3.9x, or 4.6x reducing EBITDA by
capitalized software costs, as of June 30, 2025. Moody's expects
leverage to remain in the high-3x range, or in the mid-4x range
when deducting capitalized software costs, through 2026. The
company's profile also reflects risks of customer churn among its
SMB client base amid competitive pressures and sensitivity to
macroeconomic headwinds. Governance risk also persists due to
concentrated ownership. Although publicly traded, EverCommerce Inc.
(EVCM) remains majority-owned by Providence Strategic Growth (PSG)
and Silver Lake Alpine (SLA), which limits board independence and
raises the potential for aggressive financial policies.
All financial metrics cited reflect Moody's standard adjustments.
EverCommerce's credit profile is supported by its strong
positioning in its target markets and favorable long-term growth
prospects, driven by the increasing adoption of digital solutions
by SMBs for billing, payment processing, and operational
efficiency. The company's primarily subscription-based model and
diverse client base provide solid revenue visibility, complemented
by mid single-digit organic growth. The recent divestiture of the
lower margin Marketing Technology Solutions segment—which
represented 20% of 2024 total revenue—enhances profitability and
predictability by allowing the company to focus on higher margin,
recurring-revenue verticals. However, the divestiture also reduces
scale and diversification, which may modestly temper the company's
competitive breadth. Liquidity remains robust, with full
availability under a $155 million revolving credit facility.
Moody's expects EverCommerce to maintain a very good liquidity
profile over the next 12 to 15 months. Liquidity is supported by an
unrestricted cash balance of $135.8 million as of June 30, 2025.
Moody's anticipates the company will generate annual free cash flow
relative to debt in the mid- to high-teens percentage range during
this period. Liquidity is further bolstered by full availability
under EverCommerce's $155 million revolving credit facility, which
includes a $30 million tranche maturing in July 2026 and a $125
million tranche maturing in July 2030. While the company's term
loan due July 2031 is not subject to financial covenants, the
revolving credit facility includes a springing covenant tied to a
maximum net first lien leverage ratio of 7.5x. Moody's expects the
company to remain comfortably in compliance with this covenant if
tested over the next 12 to 15 months.
EverCommerce Inc., a holding company, is the issuer of the audited
financial statements and EverCommerce Solutions Inc. is the primary
obligor for the first-lien credit facilities. Although EverCommerce
Inc. does not guarantee the rated debt, Moody's ratings assume its
audited financial statements to be fully and fairly representative
of the borrower, EverCommerce Solutions Inc. Moody's assumes
EverCommerce Inc. holds no materials assets or liabilities other
than its 100% ownership of EverCommerce Intermediate Inc., which in
turn owns 100% of the borrower. The debt is guaranteed by each
material US subsidiary of the borrower, excluding any subsidiaries
specifically exempted under the terms of the credit agreement.
The B1 backed senior secured first-lien bank credit facility
ratings and B1 senior secured first-lien bank credit facility
ratings are in line with the B1 CFR and reflect their position in
the capital structure representing the vast majority of debt.
The stable outlook reflects Moody's expectations that EverCommerce
will achieve midsingle-digit percentage annual revenue growth and
strong EBITDA expansion exceeding 20% over the next 12 to 18
months. Moody's also anticipates that debt/EBITDA, after expensing
capitalized software costs, will decline toward the mid-4x range,
while maintaining a strong liquidity profile during this period.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if EverCommerce demonstrates revenue
growth in the high single-digit percentage range, increases its
scale and diversification, and expands profitability margins while
adhering to a more conservative financial policy with declining
equity ownership concentration. Additionally, the company should
maintain a very good liquidity profile, sustain debt/EBITDA less
capitalized software costs below 4x, and maintain interest
coverage, calculated as EBITDA minus capex over interest expense,
around 4x.
The ratings could be downgraded if EverCommerce experiences
weakening operating performance, adopts more aggressive financial
policies such that debt/EBITDA less capitalized software costs is
sustained above 5x and free cash flow to debt declines below 10%,
or if governance weakens due to increased ownership concentration.
The principal methodology used in these ratings was Software
published in June 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Headquartered in Denver, CO, EverCommerce Inc. is a publicly listed
company and is majority-owned by PSG and SLA. The company provides
SaaS-based integrated solutions for business management, billing,
payment processing, and customer engagement, primarily targeting
SMBs globally. It operates primarily across two major verticals:
EverPro for Home Services, offering specialized software for home
and field service professionals such as contractors, remodelers,
and landscapers to streamline operations and enhance customer
engagement; and EverHealth for Health Services, delivering
end-to-end solutions for healthcare providers, including practice
management, electronic health records, revenue cycle management,
and patient engagement tools. Moody's anticipates that the company
will generate approximately $615 million in sales by 2026.
EYECARE PARTNERS: Nuveen Credit Marks $2.8MM Loan at 21% Off
------------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its
$2,837,927 loan extended to EyeCare Partners, LLC to market at
$2,254,378 or 79% of the outstanding amount, according to Nuveen
Credit's Form N-CSR for the fiscal year ending July 31, 2025, filed
with the U.S. Securities and Exchange Commission.
JQC is a participant in a Second Out Term Loan B to EyeCare
Partners, LLC. The loan accrues interest at a rate of 4.419% per
annum. The loan matures on November 30, 2028.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, Il 60606
Telephone: (800) 257‑8787
About EyeCare Partners, LLC
EyeCare Partners unites eye care specialists and thought leaders
from every subspecialty with a mission of setting the industry
standard in patient care.
FACEBANK INT'L: DBRS Puts 'BB' LongTerm Issuer Rating Under Review
------------------------------------------------------------------
DBRS, Inc. placed the credit ratings of FACEBANK International
Corporation (FACEBANK or the Company), including the Company's
Long-Term Issuer Rating of BB Under Review with Developing
Implications. The credit rating action follows FACEBANK's
announcement on October 3, 2025, that it intends to recapitalize
and merge with Eastern National Bank (ENB), with ENB becoming the
surviving entity, which will be rebranded as FACEBANK, N.A. Founded
in 1969, ENB is a bank based in Miami, Florida that provides
community and international banking services, including personal
and business banking, and real estate mortgages. Over the past
several years, ENB has faced financial challenges and, as a result,
has downsized its loan portfolio to meet regulatory capital
requirements. Consequently, the bank has become structurally
unprofitable and requires additional capital.
KEY CREDIT RATING CONSIDERATIONS
The Under Review with Developing Implications designation reflects
Morningstar DBRS' view that there are a number of items that need
to align, including new equity investors, various regulatory
approvals and the formation of a holding company to complete the
transaction. Once the path to the new structure becomes more
certain and the post-transaction credit profile clearer,
Morningstar DBRS will evaluate the transaction's impact on the
Company's operating model, financial performance, risk profile,
funding and liquidity, and capitalization. Completion of the
transaction is subject to required regulatory approvals, including
that of its current regulator, the Oficina del Comisionado de
Instituciones Financieras (OCIF) of Puerto Rico, as well as the
OCC, the FDIC and the Federal Reserve Board.
Following the merger, the combined bank is expected to have more
than $600 million in total assets including $316 million in loans
funded by approximately $535 million in deposits. There will be
benefits from the new charter, including the addition of deposit
insurance as well as access to other avenues of liquidity. However,
the challenge will be to improve earnings by wringing out expenses,
while integrating the two franchises and continuing to invest in
systems and technology.
CREDIT RATING DRIVERS
When there is more clarity on the approval process and timeline for
completion of the transaction, Morningstar DBRS may take one of the
following actions:
If Morningstar DBRS believes that the merger would only modestly
alter FACEBANK's credit fundamentals, it would confirm the current
credit ratings with Stable trends and would remove the Under Review
with Developing Implications status.
If Morningstar DBRS views the completion of the merger as having a
material positive and sustainable impact on FACEBANK's operating
model, risk profile, funding and liquidity, and/or capitalization,
it would place the credit ratings Under Review with Positive
Implications. This could be driven by continued strong execution on
strategic initiatives resulting in increased franchise scale,
including a more diverse funding mix.
Conversely, if Morningstar DBRS views the completion of the
potential merger as having a material negative impact on FACEBANK's
credit profile, it would place the credit ratings Under Review with
Negative Implications. This might include, an increased risk
appetite, a perceived inability to return to strong profitability
metrics including reducing the combined entities' expense base.
CREDIT RATING RATIONALE
Morningstar DBRS placed the credit ratings Under Review with
Developing Implications because of the unknowns related to the
merger, including the successful completion of an equity raise and
the timeline of regulatory approval from multiple agencies.
Morningstar DBRS will evaluate the transaction's impact on the
Company, as there is more clarity on the approval timeline and
post-transaction credit profile.
Established in 2006, FACEBANK operates as an International Bank
Entity (IBE) under the laws of the Commonwealth of Puerto Rico. The
IBE charter offers a tax-efficient platform for the bank to provide
U.S. dollar deposit and payment services to foreign customers.
Through its Florida-based mortgage subsidiary, Florida Home Trust,
the Company provides residential mortgage loans to foreign
nationals primarily in South Florida.
A key component of FACEBANK's franchise is the online connection
with the Federal Reserve Bank of New York (FRBNY), which it has had
since 2016 as well as the recent approval of FedNow capabilities.
This relationship allows the Company to efficiently clear deposits
for its customers, saving both time and expense. We view this
connectivity as a competitive advantage for FACEBANK, which is
contingent on the Company maintaining strong BSA/AML and corporate
governance practices and ongoing reviews from the FRBNY.
Notes: All figures are in U.S. dollars unless otherwise noted.
FAITH ELECTRIC: Seeks Additional $500,000 DIP Loan From F&M Bank
----------------------------------------------------------------
Sam D. Heigle, the Chapter 11 trustee for Faith Electric, Inc. and
its affiliates, asks the U.S. Bankruptcy Court for the Western
District of Oklahoma for authority to use cash collateral and
obtain senior secured superpriority post-petition financing.
This request follows the trustee's ongoing efforts, since his
appointment in August to maintain the going-concern value of the
Debtors' estates and manage complex financial challenges, including
disputes with pre-petition secured creditors such as Wells Fargo.
The trustee previously obtained court approval for a financing
package with F&M Bank, which provided $900,000 in term loans and a
$500,000 revolving line of credit. That financing package was used
to refinance secured debts owed to Wells Fargo and Generator
Supercenter Franchising, LLC, and to provide the Debtors with
working capital for payroll and operations. The term loans replaced
the Debtor's outstanding secured obligations -- $647,359 to Wells
Fargo and $160,027 to GSF -- while also providing up to $250,000 in
additional funds. The revolving loan allowed for the purchase of
inventory, specifically generators, to fulfill customer orders and
sustain business activity.
Under the terms of the first F&M financing, F&M Bank was granted
liens and superpriority administrative claims secured by the
Debtors' accounts receivable and general intangibles tied to the
sale and installation of equipment. F&M also succeeded to the liens
previously held by Wells Fargo through equitable subrogation. The
loans carried a 9% annual interest rate, with the term loan
maturing in January 2026. A carveout was included to ensure payment
of allowed fees for the trustee and his professionals, capped at
$600,000 following a notice of default. The financing structure
further allowed F&M to enforce remedies, including automatic stay
relief, if the trustee failed to cure defaults within 10 days of
written notice.
Now, the trustee seeks approval for an additional $500,000 in
post-petition financing on the same terms as the first F&M
financing, also subject to the same carveout protections. This
additional financing is intended to maintain the administrative
solvency of the estates by ensuring the trustee and his
professionals can be paid, thereby avoiding disruption to case
administration and the Debtors' operations.
F&M will be granted superpriority liens and administrative expense
claims on the same types of collateral -- accounts receivable and
general intangibles related to equipment sales and installations --
as security for the new loan.
About Faith Electric Inc.
Faith Electric, Inc. is an Oklahoma City-based company, which
specializes in electrical contracting services. It offers design,
installation, and repair for residential, commercial, and
industrial clients. In 2019, the company rebranded as Generator
Supercenter of Oklahoma, focusing primarily on Generac generator
sales, installation, and maintenance.
Faith Electric filed Chapter 11 petition (Bankr. W.D. Okla. Case
No. 25-10921) on March 31, 2025, listing up to $10 million in both
assets and liabilities. Austin Partida, chief executive officer of
Faith Electric, signed the petition.
Judge Sarah A. Hall oversees the case.
Amanda R. Blackwood, Esq., at Blackwood Law Firm, PLLC, is the
Debtor's bankruptcy counsel.
Wells Fargo Commercial Distribution Finance, as secured creditor,
is represented by:
Ross A. Plourde, Esq.
McAfee & Taft, A Professional Corporation
8th Floor, Two Leadership Square
211 North Robinson
Oklahoma City, OK 73102-7103
Telephone: (405) 235-9621
Facsimile: (405) 235-0439
ross.plourde@mcafeetaft.com
FANATICS COLLECTIBLES: S&P Ups Sec. Credit Facility Rating to 'BB'
------------------------------------------------------------------
S&P Global Ratings raised its issue-level rating on Fanatics
Collectibles Intermediate Holdco Inc.'s (Fanatics Collectibles)
senior secured credit facility to 'BB' from 'BB-'. S&P also revised
the recovery rating to '2' from '3'. The '2' recovery rating
indicates its expectation for substantial (70%-90%; rounded
estimate: 75%) recovery in the event of a payment default.
Following the recent full repayment of its senior secured term
loan, the facility consists only of a $600 million cash-flow
revolver due April 2028. The repayment of the senior secured term
loan improved the remaining senior secured lenders' recovery
prospects.
Issue Ratings--Recovery Analysis
S&P assesses recovery prospects for the debt at Fanatics
Collectibles as a separate stand-alone entity based on the
ring-fencing of the debt facilities from FHI's other subsidiaries.
Key analytical factors
-- Fanatics Collectible's capital structure consists of a senior
secured credit facility that contains only a $600 million cash flow
revolver due April 2028. The rating on the senior secured credit
facility is 'BB', and the recovery rating is '2' (rounded estimate:
75%), reflecting substantial recovery prospects in a hypothetical
default scenario.
-- S&P's simulated default scenario contemplates a default
occurring in 2029 at Fanatics Collectibles because of a steep
decline in EBITDA. This would likely stem from a loss of key
licensing contracts or partnerships and weak consumer discretionary
spending amid an economic contraction, limiting the company's
ability to meet its financial commitments.
-- S&P's recovery analysis assumes the company will emerge as a
going concern following a bankruptcy to maximize lenders' recovery
prospects.
-- S&P applies a 6x multiple to our projected emergence EBITDA to
estimate the company's enterprise value. This multiple is lower
than the 6.5x we typically use for leisure and sports issuers,
reflecting its view that valuations could be limited in a stressed
environment with strained relationships with IP owners.
-- S&P assumes about $525 million of borrowings would be
outstanding under the $600 million cash-flow revolving credit
facility at default, reflecting 85% utilization of the commitment
and six months of prepetition interest.
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: $72 million
-- Implied enterprise value (EV) multiple: 6x
-- Estimated gross EV at emergence: $432 million
Simplified waterfall
-- Net EV after 5% administrative costs: $410 million
-- Valuation split (obligors/nonobligors): 100%/0%
-- Collateral value available to secured claims: $410 million
-- Senior secured facility claims: $525 million*
-- Recovery expectations: 70%-90%; rounded estimate: 75%
*Debt amounts include six months of prepetition interest.
FINLEY DESIGN: Court Extends Cash Collateral Access to Oct. 31
--------------------------------------------------------------
Finley Design, P.A. received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina to use
cash collateral.
The fifth interim order authorized the Debtor to use cash
collateral through October 31 to pay business expenses in
accordance with its budget, subject to a 10% variance.
The budget projects total operational expenses of $164,112.72 for
October.
First Citizens Bank & Trust Co. and five other creditors hold
UCC-perfected security interests.
As protection for the Debtor's use of their cash collateral,
secured creditors will be granted a replacement lien on the
Debtor's post-petition property, with the same validity, priority
and extent as their pre-bankruptcy lien.
In addition, the Debtor was ordered to pay $1,500 per month to
First Citizens and maintain insurance of its property, with First
Citizens listed as loss payee.
The next hearing is scheduled for October 29.
About Finley Design P.A.
Finley Design P.A., doing business as Finley Design PA Architecture
+ Interiors, provides architectural, interior, and master planning
services for retail, office, medical, mixed-use, residential, and
environmental design projects. The firm focuses on client-centered
solutions, offering design leadership and project execution across
various commercial and residential sectors.
Finley Design sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D.N.C. Case No. 25-02252) on June 2, 2025. In its
petition, the Debtor reported estimated assets between $100,000 and
$500,000 and estimated liabilities between $1 million and $10
million.
Judge Pamela W. Mcafee oversees the case.
The Debtor is represented by:
Philip Sasser
Sasser Law Firm
Tel: 919-319-7400
Email: philip@sasserbankruptcy.com
FIRST BRANDS: Creditors' Committee Named in Chapter 11
------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that a Texas
bankruptcy court has named nine companies to the unsecured
creditors' committee in First Brands Group's Chapter 11 case,
giving key suppliers and lenders a seat at the table in the ongoing
restructuring. The group will work closely with the debtor and the
court to safeguard creditor interests.
Kevin M. Epstein, the United States Trustee for Region 7 (Southern
and Western Districts of Texas), pursuant to 11 U.S.C. Section
1102(a)(1), appointed the following eligible creditors to the
Official Committee of Unsecured Creditors in the case:
First-Citizens Bank & Trust Company
Attn: Anthony Masci
11 W. 42nd St.
New York, NY 10036
212-771-9542
Anthony.masci@firstcitizens.com
Motion Industries
Attn: Anthony Bush
1605 Alton Road
Birmingham, AL 35210
205-957-5279
Anthony.bush@motion.com
Napier Park Global Capital (US) LP
Attn: Shachar Minkove
280 Park Avenue, 3rd Floor
New York, NY 10017
212-235-0700
Shachar.minkove@napierparkglobal.com
Pension Benefit Guaranty Corporation
Attn: Cynthia Wong
445 12th Street SW
Washington, DC 20024
202-229-3033
Wong.cynthia@pbgc.gov
Raistone Purchasing LLC
Attn: Matthew McAlpine
360 Madison Avenue, 22nd Floor
New York, NY 10017
646-868-8261
mmcalpine@raistone.com
Yusin Brake Corporation
Attn: Paul Stewart
5 F, No. 381
Wufeng North Road, East District
Chiayi City 60045, Taiwan
561-697-4502
paul@bourneusa.com
Fasanara Capital
Attn: Nikita Saygakov
40 New Bond Street, 9th Floor
London, England W1S2RX
Nikita.Saygakov@fasanara.com
Transend Logistics, LLC
Attn: Jon Singer
1333 N Kingsbury St., SE 305
Chicago, IL 60642
312-593-5229
jon@transendlogistics.com
T.H.I. Group (Shanghai) LTD
Nancy Sun
10th FL, Kaikai Plaza, No 888
Wanhangdu Rd
Jingan District, Shanghai, P.R. Cina
200042
86-186-6386-1398
nancysun@t3ex-thi.com
One committee member, an affiliate of Raistone Capital, has been a
vocal advocate for appointing a Chapter 11 examiner to probe First
Brands' finances and management decisions before the bankruptcy,
according to Law360. Raistone contends that an outside review is
essential to ensure accountability and restore trust among
creditors, according to report.
The committee's appointment marks an important procedural milestone
as First Brands seeks to stabilize operations and craft a feasible
reorganization plan under court supervision, the report states.
About First Brands
Rochester Hills, Mich.-based First Brands Group, LLC is a global
supplier of aftermarket automotive parts.
On September 24, 2025, the Company's non-operational special
purpose entities, Global Assets LLC, Global Lease Assets Holdings,
LLC, Carnaby Capital Holdings, LLC, Broad Street Financial
Holdings, LLC, Broad Street Financial, LLC, Carnaby Inventory II,
LLC, Carnaby Inventory Holdings II, LLC, Carnaby Inventory III,
LLC, Carnaby Inventory Holdings III, LLC, Patterson Inventory,
LLC,
Patterson Inventory Holdings, LLC, Starlight Inventory I, LLC and
Starlight Inventory Holdings I, LLC each filed a voluntary
petition
for relief under Chapter 11 of the U.S. Bankruptcy Code in the
U.S.
Bankruptcy Court for the Southern District of Texas.
Commencing on September 28, 2025, First Brands Group, LLC and 98
affiliated debtors each filed a voluntary petition for relief
under
Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy
Court
for the Southern District of Texas. In its petition, First Brands
Group LLC listed $1 billion to $10 billion in estimated assets and
$10 billion to $50 billion in estimated liabilities. The cases are
pending before the Hon. Christopher M. Lopez, and are jointly
administered under Case No. 25-90399, and consolidated for
procedural purposes only.
Weil, Gotshal and Manges LLP is serving as legal counsel, Lazard
is
serving as investment banker, Alvarez & Marsal is serving as
financial advisor, and C Street Advisory Group is serving as
strategic communications advisor to First Brands Group. Kroll
serves as the Debtors' claims agent.
Gibson, Dunn & Crutcher LLP is serving as legal counsel, and
Evercore is serving as investment banker to the Ad Hoc Group.
FIRST BRANDS: DOJ Starts Probe on Company's Collapse
----------------------------------------------------
Brandon Sapienza of Bloomberg News reports that the U.S. Department
of Justice has begun a preliminary investigation into the
bankruptcy of First Brands Group, The Financial Times reported,
citing people with knowledge of the matter. The probe, led by
prosecutors from the Southern District of New York, is still in its
early stages and focused on gathering facts, as many financial
details surrounding First Brands remain uncertain.
Neither the company nor the DOJ has issued a public statement
regarding the inquiry, and the U.S. Attorney's Office for the
Southern District of New York did not respond to requests for
comment, according to the FT.
About First Brands
Rochester Hills, Mich.-based First Brands Group, LLC is a global
supplier of aftermarket automotive parts.
On September 24, 2025, the Company's non-operational special
purpose entities, Global Assets LLC, Global Lease Assets Holdings,
LLC, Carnaby Capital Holdings, LLC, Broad Street Financial
Holdings, LLC, Broad Street Financial, LLC, Carnaby Inventory II,
LLC, Carnaby Inventory Holdings II, LLC, Carnaby Inventory III,
LLC, Carnaby Inventory Holdings III, LLC, Patterson Inventory, LLC,
Patterson Inventory Holdings, LLC, Starlight Inventory I, LLC and
Starlight Inventory Holdings I, LLC each filed a voluntary petition
for relief under Chapter 11 of the U.S. Bankruptcy Code in the U.S.
Bankruptcy Court for the Southern District of Texas.
Commencing on September 28, 2025, First Brands Group, LLC and 98
affiliated debtors each filed a voluntary petition for relief under
Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court
for the Southern District of Texas. In its petition, First Brands
Group LLC listed $1 billion to $10 billion in estimated assets and
$10 billion to $50 billion in estimated liabilities. The cases are
pending before the Hon. Christopher M. Lopez, and are jointly
administered under Case No. 25-90399, and consolidated for
procedural purposes only.
Weil, Gotshal and Manges LLP is serving as legal counsel, Lazard is
serving as investment banker, Alvarez & Marsal is serving as
financial advisor, and C Street Advisory Group is serving as
strategic communications advisor to First Brands Group. Kroll
serves as the Debtors' Claims Agent.
Gibson, Dunn & Crutcher LLP is serving as legal counsel, and
Evercore is serving as investment banker to the Ad Hoc Group.
FIT & THRIVE: Seeks Cash Collateral Access
------------------------------------------
Fit & Thrive, Inc. asks the U.S. Bankruptcy Court for the Southern
District of Illinois for authority to use cash collateral and
provide adequate protection.
The cash collateral is currently encumbered by a pre-petition lien
held by Heartland Bank. The bank has a secured interest in all of
the Debtor's assets under a Uniform Commercial Code agreement.
The Debtor argues that the use of this cash collateral is essential
to continue its operations, pay necessary business expenses, and
preserve viability while it attempts reorganization.
The Debtor explains that without access to the cash collateral, it
would be forced to cease operations, resulting in irreparable harm
to its business and creditors. To support this request, the Debtor
filed a proposed October 2025 budget, projecting $78,265 in income
and $73,526 in expenses, leaving a small projected profit of
$4,739. The Debtor pledges to work with Heartland Bank in good
faith to finalize a consensual budget and plan for continued
operations.
As adequate protection for Heartland Bank, the Debtor offers
replacement liens on both pre-petition and post-petition assets to
the extent of any diminution in value caused by the use of the cash
collateral. These replacement liens would retain the same priority,
validity, and enforceability as the original security interest,
excluding any Chapter 5 avoidance actions.
A court hearing is scheduled for October 21.
About Fit & Thrive Inc.
Fit & Thrive, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ill. Case No. 25-30752) on September
30, 2025, listing up to $500,000 in assets and up to $10 million in
liabilities. Sara Sanderson, president of Fit & Thrive, signed the
petition.
Judge Mary E. Lopinot oversees the case.
J. D. Graham, Esq., at J. D. Graham, PC, represents the Debtor as
legal counsel.
FLAME LLC: Amends Unsecured Claims Pay Details
----------------------------------------------
Flame, LLC, submitted a Second Amended Disclosure Statement
describing Chapter 11 Plan.
The Debtor has expended considerable effort to increase its
customer base and income since the filing of the Plan. Total
operating income has increase at a faster rate than projected in
the original reaching over $226,000 per month in the second quarter
of 2025 and on track to average at least $250,000 in the third
quarter.
The Debtor has negotiated Adequate Protection Agreements with the
secured creditor, BMO Bank. The agreement with BMO Bank is noted
for approval on September 11, 2025. The Debtor had also negotiated
and the Court had approved an Adequate Protection Order for
ReadyCap Lending LLC. However, the Debtor has decided instead to
list the property at 2110 136th Ave E, Sumner, WA 98390 for sale
and has entered into a contract for the sale of the property.
ReadyCap has been granted Relief from Stay, but the Debtor proposes
to pay the contractual rate of the Promissory note on the property
until the sale of the property is completed. The sale will pay
ReadyCap's lien in full. Proceeds over the payment of ReadyCap's
loan will not be known until final pay off figure is received from
ReadyCap. ReadyCap's claim will be allowed as fully secured and
ReadyCap will retain all liens.
Key Bank NA has also received Relief from Stay. The Debtor has
obtained a buyer for the 2016 Freightliner Cascadia and the 2022
Hyundai Dry Van, which will pay the balance in full. Debtor will
either purchase the 2019 Kenworth T680 outright for the fair market
value of the vehicle in a single payment and treat the balance of
the lien amount as a general unsecured creditor or surrender the
vehicle to Key Bank NA.
Class 12 consists of General Unsecured Claims. This Class shall
receive $1500 per month thru Feb 2026, then increasing to $3000 per
month, additionally funds allotted to tax delinquency other than
the property taxes owed to The Internal Revenue Service and Oregon
Department of Transportation will be added to this class as tax
delinquency is paid in full. Payments will begin within 30 days of
Plan confirmation and will end after approximately 60 monthly
payments.
Class 12 shall also receive 25% of the net proceeds from sale of
Sumner Property. This Class is impaired.
Payments and distributions under the Plan will be funded by the
Debtor's cash flow from operations and future income including the
leasing of equipment to other nonaffiliated companies when that
equipment is not in use by the Debtor. Twenty-five percent of the
net proceeds from the sale of the Sumner property will be paid to
the General Unsecured Creditors.
Additionally, for "new value" under the Absolute Priority Rule, the
owner of the Debtor, Akaal Group LLC, through its sole member,
Karandeep Pannu, will personally make all payments owed to the
secured creditor, JP Morgan Chase, which holds a purchase money
loan for the Debtor's 2022 Toyota Tacoma. Calculated from the date
of filing these payments will come to more than $32,600.
A full-text copy of the Second Amended Disclosure Statement dated
October 1, 2025 is available at https://urlcurt.com/u?l=0s1drR from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Joy Lee Barnhart, Esq.
THE LAW OFFICE OF JOY LEE BARNHART
15 South Grady Way, Suite 535
Renton, WA 98057
Tel: (425) 255-5535
Fax: (425) 255-5609
Email: joylee@joybarnhart.com
About Flame LLC
Flame, LLC has been in the business of interstate freight
transportation.
The Debtor filed a Chapter 11 petition (Bankr. W.D. Wash. Case No.
25-10193) on Jan. 24, 2025, listing between $1 million and $10
million in both assets and liabilities.
Judge Christopher M. Alston oversees the case.
Joy Lee Barnhart, Esq., at the Law Offices of Joy Lee Barnhart, is
the Debtor's bankruptcy counsel.
FLOWER APARTMENTS: Deal to Use U.S. Bank's Cash Collateral OK'd
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division, approved a stipulation between Flower
Apartments, LLC and secured lender U.S. Bank National Association
regarding the use of cash collateral.
Under the stipulation, the Debtor is allowed to use the lender's
cash collateral through December 4 in accordance with its budget,
subject to a 10% variance per line item.
In return, U.S. Bank will receive a monthly payment of $15,000 as
adequate protection and will be granted a replacement lien on
post-petition assets and debtor-in-possession accounts. The
replacement lien will have the same validity, priority and extent
as the lender's pre-bankruptcy lien.
A failure to meet any obligation or payment under the stipulation
will be considered a default, triggering an immediate cessation of
the Debtor's authority to use cash collateral unless the default is
cured within 10 days of notice.
The Debtor's sole asset is a 36-unit apartment building located at
1420 S. Flower Street in Los Angeles. U.S. Bank, acting as trustee
for the registered holders of certain Wells Fargo commercial
mortgage securities, holds the first deed of trust on the property
through a loan originally issued in 2017 by CBRE Capital Markets
and later assigned in 2018.
A copy of the court order is available at https://is.gd/ET2qac from
PacerMonitor.com.
About Flower Apartments LLC
Flower Apartments, LLC is a Los Angeles-based real estate company
that appears to own or operate an apartment property located at
1420 S. Flower Street in downtown Los Angeles.
Flower Apartments sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-15724) on July 7,
2025. In its petition, the Debtor reported estimated assets and
liabilities between $1 million and $10 million.
Judge Julia W. Brand handles the case.
The Debtor is represented by Matthew D. Resnik, Esq., at Rhm Law,
LLP.
U.S. Bank, N.A., as secured lender, is represented by:
Randye B. Soref, Esq.
Tanya Behnam, Esq.
2049 Century Park East, Suite 2900
Los Angeles, CA 90067
Telephone: (310) 556-1801
Facsimile: (310) 556-1802
rsoref@polsinelli.com
tbehnam@polsinelli.com
FORTRESS HOLDINGS: Lender Opposes Confirmation of Ch. 11 Plan
-------------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that the
bankrupt operator of The Chariot, a New Jersey restaurant and event
venue, sought to block efforts by its primary lender to collect on
outstanding debt and end the Chapter 11 case. The company argued
that such action would prematurely derail its efforts to
reorganize.
According to the debtor, it is still working to stabilize
operations and negotiate with creditors in hopes of presenting a
viable restructuring plan. It contends that dismissing the case now
would destroy any chance of maximizing value for stakeholders.
The lender, however, argued that reorganization is unrealistic
given the company's financial state and lack of available
financing. It urged the court to dismiss the bankruptcy or allow it
to proceed with collection efforts outside of Chapter 11.
About Fortress Holdings LLC
Fortress Holdings LLC, d/b/a The Chariot, is set to open a premier
catering and event venue in Totowa, New Jersey, specializing in
weddings and other special occasions. The venue will feature seven
floors, a Kosher kitchen, and a rooftop restaurant, offering
stunning views of New York City. With a capacity of over 600
people, the facility caters to large-scale events and upscale
dining experiences.
Fortress Holdings LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-10977) on January 30,
2025. In its petition, the Debtor reports total assets of
$42,030,291 and total liabilities of $26,158,690.
Honorable Bankruptcy Judge Vincent F. Papalia handles the case.
The Debtor is represented by Richard D. Trenk, Esq., at TRENK
ISABEL SIDDIQI & SHAHDANIAN P.C., in Livingston, New Jersey.
The Debtor's accountant is VESTCORP LLC.
FORTRESS INVESTMENT: Fitch Affirms BB LongTerm IDR, Outlook Stable
------------------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Ratings
(IDRs) of Foundation Holdco LP, the parent company and successor to
Fortress Investment Group LLC, and its rated subsidiaries
(collectively Fortress) at 'BB'. Fitch has also affirmed FinCo I
LLC's senior secured debt rating at 'BB' and Fortress' Short-Term
IDR at 'B'. The Rating Outlook is Stable.
Fitch has taken today's rating actions as part of a periodic peer
review of the alternative investment manager (IM) industry, which
is comprised of 11 publicly rated global firms. For more
information on the broader sector review, please see "Fitch Ratings
Completes 2025 Alternative Investment Manager Peer Review,".
Key Rating Drivers
Established Alternative Manager: The rating affirmation reflects
Fortress' established position as a global alternative IM as well
as its experienced management team, stable cash flow generation and
moderate management fee exposure to net asset value (NAV).
Funding, leverage and concentration constrain ratings: Rating
constraints include elevated leverage, a fully secured funding
profile, limited revenue diversity relative to more highly rated
peers, and heightened assets under management (AUM) concentration
in credit funds. Rating constraints for the industry include key
person risk, which is institutionalized throughout many limited
partnership agreements; reputational risk, which can affect the
firm's ability to raise funds; and regulatory risk, which could
alter the alternative IM industry.
Macroeconomic Challenges: While the macroeconomic backdrop for
alternative IMs has improved as the transaction environment has
strengthened, financing markets have stabilized and inflation has
moderated, the sector faces an increasingly competitive landscape,
slower-than-expected investment realizations, heightened market
volatility, and elevated geopolitical and trade tensions. In
Fitch's view, larger and more diversified alternative IMs are
better positioned to manage these challenges.
Limited AUM Diversity: At June 30, 2025, Fortress had $53.1 billion
in AUM, with credit private equity (PE) funds representing 75% of
total AUM and 64% of management fees for the trailing 12 months
(TTM) ended 2Q25. Credit hedge funds accounted for 21% of Fortress'
AUM and 33% of management fees over the same period.
Fortress' increased focus on credit funds has resulted in lower AUM
diversity relative to alternative IM peers but is expected to
benefit from favorable growth trends in the asset class. Fortress'
permanent capital vehicles (PCVs) represented 2% of AUM and 3% of
management fees at 2Q25, which is well below the peer group
average.
AUM Expected to Increase: Capital raising has slowed considerably
from peak levels in 2020, with $6.3 billion of capital raised for
the TTM period ended June 30, 2025 (2Q25) compared to $6.9 billion
for the same period last year. Fitch expects fundraising to
increase further in 2026, supported by the launch of a new fund and
the introduction of three new products for its retail wealth
channel.
Fortress had approximately $16.7 billion of dry powder at 2Q25.
Fitch expects the pace of deployment to accelerate over the next 12
months, supported by new fee-earning vehicles, and an anticipated
pickup in M&A activity.
Lower-Than-Peer Margins: Fitch can only approximate Fortress'
fee-related EBITDA (FEBITDA) since unlike its peers, it does not
explicitly assign separate compensation loads to fees and incentive
income. Fitch has assumed that parts of discretionary bonuses are
related to fees and the remainder to incentive income.
Based on Fitch's estimate, Fortress' adjusted FEBITDA margin for
the TTM 2Q25 was 33.9%, which is at the low end of Fitch's 'a'
category benchmark range of 30%-50% for alternative IMs. Fitch
expects the FEBITDA margin to improve over time as recently raised
funds continue to deploy capital, insurance and retail wealth
initiatives are scaled up, and legacy roll offs are backfilled.
Elevated Leverage: Fitch estimates leverage, calculated as
debt-to-FEBITDA, to be 5.5x on a 2Q25 TTM basis, down from 6.6x at
2Q24 TTM, which is within Fitch's 'bb' category benchmark range of
4.0x-6.0x for alternative IMs. Fortress continues to hold sizeable
cash on its balance sheet, with net leverage of 0.7x for the 2Q25
TTM period. In addition, while Fitch gives no credit for the
generation of incentive income or investment income in its
calculation of FEBITDA, the agency recognizes it provides an
additional cushion for debt-service capacity.
Adequate Liquidity: Liquidity included $735 million in cash and $88
million available under its revolving loan facility at 2Q25, which
Fitch views as adequate in the absence of any near-term debt
maturities.
Under its new ownership structure, Fortress has resumed cash
distributions targeted at approximately 80% of pre-tax
distributable earnings, subject to maintaining at least $100
million of balance sheet cash. Fortress distributed $131 million
from May-December 2024, followed by $197 million in 1H25. While
Fitch views the distribution policy and resumed payouts as
incrementally negative for financial flexibility, any future
distributions will be assessed in the context of Fortress's
leverage, liquidity, and covenant headroom.
Improving but Modest Coverage: Interest coverage (calculated as
FEBITDA divided by interest expense) improved to 2.5x on a 2Q25 TTM
basis, from 1.7x one year ago and closely aligned with the
four-year historic average of 2.8x from 2021 to 2024 and within
Fitch's 'bb' category benchmark range of 2.0x-4.0x.
The YoY improvement reflects higher fee earnings and a lower
interest burden following consecutive term loan repricings in 4Q24
and 1Q25, alongside easing base rates. With no incremental
debt-raising plans and further rate cuts potential, Fitch expects
Fortress' interest coverage ratio to improve further.
Stable Outlook: The Stable Outlook reflects Fitch's expectations
that Fortress' gross leverage will remain below 6.0x over the
Outlook horizon, interest coverage and the FEBITDA margin will
improve, and that the firm will maintain sufficient liquidity to
meet debt service requirements. The Outlook also reflects Fitch's
belief that Fortress will grow/retain FAUM through the raising of
new and expansion of existing fund strategies and continued capital
deployment.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Sustained maintenance of adjusted leverage above 6.0x;
- A material decline in the FEBITDA margin, approaching 10%;
- Sustained maintenance of interest coverage below 2.0x;
- A weaker liquidity profile, which could include a significant
reduction in balance sheet cash or Fortress' contingent liquidity
facility. In addition, inadequate limitations on Mubadala's ability
to extract liquidity from Fortress to the detriment of its debt
holders could also pressure Fortress' ratings.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Maintenance of adjusted leverage near 4.0x;
- Sustained improvement in the FEBITDA margin, approaching 35%;
- Sustaining interest coverage near 4.0x;
- Consistent FAUM growth;
- Enhanced FAUM and revenue diversity;
- Improved funding flexibility as demonstrated through access to
unsecured debt and/or more diversified funding sources;
- Maintenance of solid liquidity levels.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The secured debt rating is equalized with the Long-Term IDR,
reflecting Fitch's expectation of average recovery prospects for
the debt class in a stress scenario.
A Long-Term IDR of 'BB' corresponds to a 'B' Short-Term IDR
according to Fitch's "Non-Bank Financial Institutions Rating
Criteria" dated January 2025.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The secured debt rating is expected to move in tandem with the
Long-Term IDR.
The Short-Term IDR is primarily sensitive to the Long-Term IDR and
would be expected to move in tandem. At higher rating levels for
the Long-Term IDR, the Short-Term IDR would also become sensitive
to Fitch's assessment of Fortress' funding, liquidity and
coverage.
SUBSIDIARY AND AFFILIATE RATINGS: KEY RATING DRIVERS
Rated subsidiaries of Foundation Holdco LP include FinCo I LLC,
which indirectly owns Fortress Investment Group LLC and is the
issuer of the secured term loan. Rated subsidiaries also include
FIG Parent, LLC and FinCo I Intermediate HoldCo LLC which, along
with Foundation Holdco LP, serve as joint and several guarantors of
the secured term loan and are shell holding companies above
Fortress Investment Group LLC. The IDRs of each entity are
equalized with those of Foundation Holdco LP.
SUBSIDIARY AND AFFILIATE RATINGS: RATING SENSITIVITIES
The IDRs of FIG Parent, LLC, FinCo I LLC, FinCo I Intermediate
HoldCo LLC and Fortress Investment Group LLC are equalized with the
IDRs of Foundation Holdco LP and are therefore expected to move in
tandem.
ADJUSTMENTS
The Standalone Credit Profile (SCP) has been assigned below the
implied SCP due to the following adjustment reasons: Weakest Link -
Capitalization and Leverage (Negative).
The Asset Performance score has been assigned below the implied
score due to the following adjustment reason(s): Historical and
future metrics (Negative) and Concentrations; asset performance
(Negative).
The Earnings and Profitability score has been assigned below the
implied score due to the following adjustment reason: Historical
and future metrics (Negative) and revenue diversification
(Negative).
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
FinCo I LLC LT IDR BB Affirmed BB
ST IDR B Affirmed B
senior secured LT BB Affirmed BB
Foundation Holdco LP LT IDR BB Affirmed BB
ST IDR B Affirmed B
Fortress Investment
Group LLC LT IDR BB Affirmed BB
ST IDR B Affirmed B
FIG Parent, LLC LT IDR BB Affirmed BB
ST IDR B Affirmed B
FinCo I Intermediate
HoldCo LLC LT IDR BB Affirmed BB
ST IDR B Affirmed B
FOUNDATION FOR INDIANA: S&P Affirms 'B' Rating on 2007A Rev. Bond
-----------------------------------------------------------------
S&P Global Ratings affirmed its 'B' underlying rating (SPUR) on
Pennsylvania Higher Educational Facilities Authority's series 2007A
(phase II) revenue bonds issued for the Foundation for Indiana
University of Pennsylvania (FIUP).
The outlooking is stable.
S&P said, "We analyzed FIUP's environmental, social, and governance
credit factors pertaining to its market position, management and
governance, and financial performance. We believe there is elevated
risk due to demographic challenges in Pennsylvania that led to
significant enrollment decreases for many years prior to fall 2023.
Although demographics for college students may remain stable in the
near term, we expect there will continue to be challenges, given
the significant competition to recruit students within the state.
We view environmental and governance credit factors as neutral in
our credit rating analysis.
"The stable outlook reflects our opinion that over the next year,
the project will be able to make all debt service payments with
minimal draws on the DSRF. We expect demand will continue to be
pressured and coverage will be near or just below 1.0x but that
reserves will remain consistent with the 'B' rating."
Credit factors that could lead to a lower rating include any
acceleration of the bonds, which would lead to a default; coverage
consistently below 1.0x; or further deterioration of reserves that
the project is unable to replenish.
S&P could consider a positive rating action if the project
increases occupancy, operates above break-even annually, and
maintains similar reserve levels.
FOUR PALMS: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
Four Palms Investments, Inc. and its affiliates received interim
approval from the U.S. Bankruptcy Court for the Middle District of
Florida to use the cash collateral of lenders.
The lenders include First National Bank of Pasco, Credibly of
Arizona, LLC, Lifetime Funding, LLC, Corporation Service Company,
CT Corporation Systems as representative, and the U.S. Small
Business Administration.
The interim order authorized the Debtors to use cash collateral to
pay the amounts expressly authorized by the court, including
interim compensation to the Subchapter V trustee; the expenses set
forth in the budgets, plus an amount not to exceed 10% for each
line item; and additional amounts subject to approval by lenders.
This authorization will remain in effect until further order of the
court.
The Debtors' four-week budget projects total operational expenses
of $16,963.50 for the first week; $17,411.50 for the second week;
$18,056.50 for the third week; and $19,206.50 for the fourth week.
As adequate protection, creditors with security interests will be
granted replacement liens of equal priority and validity to their
pre-bankruptcy liens.
In addition, the interim order required the Debtors to maintain
insurance and provide lenders with access to records as further
protection.
The Debtors may collect all accounts receivable, including funds
from Shopmonkey and Stripe, and such collections will be treated as
cash collateral.
The next hearing is scheduled for November 4.
About Four Palms Investments Inc.
Four Palms Investments Inc., incorporated in 2018 and based in the
Tampa Bay area, manages business holdings as the group's investment
arm.
Four Palms Investments Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-06972) on September 23, 2025. In its petition, the Debtor
reports estimated assets up to $50,000 and estimated liabilities
between $1 million and $10 million.
The Debtor is represented by Amy Denton Mayer, Esq. of BERGER
SINGERMAN LLP.
FREE SPEECH: Jones Asks High Court to Pause Defamation Ruling
-------------------------------------------------------------
Law360 and NBC News report that Infowars host Alex Jones has asked
the U.S. Supreme Court to suspend enforcement of a Connecticut
court's $1.4 billion judgment awarded to the families of the Sandy
Hook Elementary School shooting victims. Jones said the massive
defamation award should be put on hold while the justices consider
his petition for review. His lawyers argued that the judgment
threatens to permanently destroy his media operation.
In his filing, Jones argued that enforcing the judgment now would
cause him irreparable harm, given his ongoing appeals and limited
financial resources. He asserted that granting a stay would serve
the public interest and ensure fairness, maintaining that the
penalties imposed against him are disproportionate and raise
serious legal concerns, according to report.
The request comes as Jones faces the potential loss of InfoWars to
The Onion, a satirical news organization seeking to acquire the
website as part of court-ordered efforts to satisfy the damages
owed to Sandy Hook families. Jones' filing warned that without the
Supreme Court's intervention, "InfoWars will have been acquired by
its ideological nemesis and destroyed," according to NBC News
The families of the 20 children and six adults killed in the 2012
shooting won the multibillion-dollar award in Connecticut state
court after Jones repeatedly denied the tragedy's authenticity.
Jones, through his company Free Speech Systems, has since lost his
appeals and turned to bankruptcy court for relief, the report
states.
His lawyers noted that The Onion previously bid unsuccessfully for
InfoWars in bankruptcy proceedings but is pursuing a new attempt in
Texas state court. The Supreme Court is slated to review Jones'
request for a stay during its private conference on October 10,
2025, the report relays.
About Free Speech Systems
Free Speech Systems LLC is a broadcast media production and
distribution company that provides broadcasting aural programs by
radio to the public. Free Speech Systems is a family-run business
founded by Alex Jones.
FSS is presently engaged in the business of producing and
syndicating Jones' radio and video talk shows and selling products
targeted to Jones' loyal fan base via the Internet. Today, FSS
produces Alex Jones' syndicated news/talk show (The Alex Jones
Show) from Austin, Texas, which airs via the Genesis Communications
Network on over 100 radio stations across the United States and via
the internet through websites including Infowars.com.
Due to the content of Alex Jones' shows, Jones and FSS have faced
an all-out ban of Infowars from mainstream online spaces. Shunning
from financial institutions and banning Jones and FSS from major
tech companies began in 2018.
Conspiracy theorist Alex Jones has been sued by victims' family
members over Jones' lies that the 2012 Sandy Hook Elementary School
shooting was a hoax.
Jones' InfoW LLC and affiliates, IWHealth, LLC and Prison Planet
TV, LLC, filed petitions under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 22-60020) on April
18, 2022.
FRONTLINE MEDICAL: Court Affirms Subchapter V Plan Confirmation
---------------------------------------------------------------
In the appeal styled BUSCH LAW FIRM, LLC, Appellant, v. FRONTLINE
MEDICAL SERVICES LLC, Appellee, BAP No. CO-25-009, Judges William
T. Thurman, Dale L. Somers and Sarah A. Hall of the United States
Bankruptcy Appellate Panel of the Tenth Circuit affirmed the order
of the United States Bankruptcy Court for the District of Colorado
that confirmed Frontline Medical Services, LLC's Second Amended
Subchapter V Plan of Reorganization.
This appeal presents another chapter in debtor Frontline Medical
Services LLC's efforts to reorganize. Previously, the Tenth Circuit
Bankruptcy Appellate Panel reversed the Colorado Bankruptcy Court's
confirmation order and remanded to the Bankruptcy Court for further
findings. On remand, the Bankruptcy Court reviewed the record and
determined that Appellee's proposed plan of reorganization was
feasible. The Bankruptcy Court then entered Additional Findings of
Fact and Conclusions of Law and confirmed Appellant's Second
Amended Subchapter V Plan of Reorganization over creditor Busch Law
Firm, LLC's continued objection. Appellant now appeals the Remand
Findings on both procedural and substantive grounds.
In the Appellant's first appeal ("Frontline I"), the BAP held that
the Bankruptcy Court made no error when it determined that Appellee
did not file its bankruptcy petition in bad faith. The BAP further
held that the Bankruptcy Court did not abuse its discretion in
denying Appellant's then-pending motion to dismiss. The BAP did,
however, reverse the First Confirmation Order on the sole ground
that the Bankruptcy Court did not apply the correct legal standard
in analyzing feasibility for a nonconsensual plan proposed under
subchapter V. The BAP explained that the Bankruptcy Court erred
when it made no specific findings [as to the feasibility of
Appellee's proposed plan] under either Sec. 1191(c)(3)(A) or Sec.
1191(c)(3)(B). The BAP remanded this issue to the Bankruptcy Court
for further findings consistent with its opinion.
The BAP issued the Remand Order on December 26, 2024. On February
24, 2025, the Bankruptcy Court entered the Remand Findings. In the
Remand Findings, the Bankruptcy Court incorporated its prior
findings of fact and conclusions of law from the First Confirmation
Order and made additional findings and conclusions as to 11 U.S.C.
Secs. 1191(c)(3)(A) and (c)(3)(B).
The Bankruptcy Court analyzed the statutory requirements of Sec.
1191(c)(3)(A) and concluded that Frontline satisfied its burden of
proving it will be able to make all payments under the Plan.
Appellant complains the Bankruptcy Court did not hold additional
hearings or solicit additional briefs from the parties after
Frontline I. It contends this failure to hold additional
proceedings is a reversible error for noncompliance with the BAP's
Remand Order. Appellant also contends that the Bankruptcy Court
made a reversable substantive error when it determined that the
Plan is feasible despite failing to consider additional facts and
draw conclusions from them.
The panel holds, "The Bankruptcy Court complied with the BAP's
Remand Order in Frontline I. On remand, the Bankruptcy Court made
its Remand Findings based on sufficient evidence already received
during the hearing on plan confirmation, made an analysis of such
evidence under the applicable feasibility standards under Sec.
1191(c)(3), and concluded the Plan was feasible and confirmed the
Plan. Therefore, the Bankruptcy Court did not err or abuse its
discretion in re-confirming Appellee's Plan. The Bankruptcy Court's
Remand Findings are accordingly affirmed."
A copy of the Court's Opinion is available at
https://urlcurt.com/u?l=W5KluF
About Frontline Medical Services
Frontline Medical Services, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Colo. Case No.
22-13411) on Sept. 6, 2022, with between $100,001 and $500,000 in
both assets and liabilities. Joli A. Lofstedt serves as Subchapter
V trustee.
Judge Kimberley H. Tyson oversees the case.
Steven T. Mulligan, Esq., at Coan, Payton & Payne, LLC, is the
Debtor's counsel.
GAMIL EDHAH: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: Gamil Edhah LLC
6005 5th Avenue
Brooklyn NY 11220
Business Description: Gamil Edhah LLC owns a property at 6005 5th
Avenue in Brooklyn, New York, with an
estimated value of $1.8 million.
Chapter 11 Petition Date: October 6, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-44837
Judge: Hon. Nancy Hershey Lord
Debtor's Counsel: Michael L. Walker, Esq.
THE LAW OFFICE OF MICHAEL L. WALKER, ESQ., PLLC
9052 Fort Hamilton Pkwy
Brooklyn NY 11209
Tel: 718-680-9700
Email: mwalker@michaelwalkerlaw.com
Total Assets: $1,800,000
Total Liabilities: $1,264,838
The petition was signed by Gamil S. Edhah as authorized
representative of the Debtor.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/CA5MC7Y/GAMIL_EDHAH_LLC__nyebke-25-44837__0001.0.pdf?mcid=tGE4TAMA
GBOGBARA INC: Section 341(a) Meeting of Creditors on November 3
---------------------------------------------------------------
On October 3, 2025, Gbogbara Inc.filed Chapter 11 protection in
the Eastern District of Michigan. According to court filing, the
Debtor reports between $1 million and $10 million in debt owed to
1 and 49 creditors. The petition states funds will be available to
unsecured creditors.
A meeting of creditors under Section 341(a) to be held on November
3, 2025 at 10:00 AM via Zoom - Shapiro: Meeting ID 757 223 9121,
Passcode 8252404297, Phone 1 947 214 5398.
About Gbogbara Inc.
Gbogbara Inc., doing business as King Pharmacy, operates an
independent pharmacy at 12871 E Jefferson Ave in Detroit, Michigan,
providing prescription services, health consultations, and wellness
products.
Gbogbara Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. Mich. Case No. 25-49970) on October 3, 2025. In
its petition, the Debtor reports estimated assets between $500,000
and $1 million and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Mark A. Randon handles the case.
The Debtor is represented by Alexander J. Berry-Santoro, Esq. at
MAXWELL DUNN PLC.
GENESIS HEALTHCARE: Halts Litigation Against Owners, Workers
------------------------------------------------------------
Dietrich Knauth of Reuters reports that the U.S. Bankruptcy Judge
Stacey Jernigan granted Genesis Healthcare's request to suspend
wrongful death and malpractice lawsuits against its affiliates,
shareholders, and staffing agencies, finding that ongoing
litigation could derail the company's restructuring and sale. The
decision, issued in Dallas, overruled objections from 14 plaintiffs
who had filed personal injury and wrongful death claims against the
healthcare provider, according to the report.
Judge Jernigan said the costs of defending the lawsuits could force
Genesis into complete shutdown, threatening care for thousands of
patients across 175 nursing and assisted living facilities in 18
states. The company filed for bankruptcy on July 9, 2025 with debts
exceeding $2.3 billion and faces more than 200 pending lawsuits.
Counsel for Genesis argued that pausing the litigation is necessary
to preserve value for creditors and maintain patient care. Before
bankruptcy, Genesis was reportedly spending around $8 million per
month to handle tort litigation. Attorneys for the claimants
countered that investors and physicians responsible for malpractice
should still face accountability, according to report.
The case has drawn attention from federal lawmakers, including
Senator Elizabeth Warren, who questioned the role of private equity
owners in the company's financial collapse. Warren warned that
those responsible for the debt-driven strategy that led to
bankruptcy could regain control of Genesis, the report states.
The case is Genesis Healthcare Inc., No. 25-80185, in the U.S.
Bankruptcy Court for the Northern District of Texas.
About Genesis Healthcare Inc.
Genesis Healthcare Inc. is a Medical Group, based in Culver City,
CA. The medical group, which has also operated under the names
Daehan Prospect Medical Group and Prospect Genesis Healthcare,
provides physician services in Southern California.
Genesis Healthcare Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case 25-80185) on July 9, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Marcus Alan Helt, Esq. at Mcdermott
Will & Emery LLP.
The U.S. Trustee for Region 11 appointed Michael Bubman of BFW, LLC
and Sunset-Herman-Frankel-Fleishman, LLC and Peter Gudaitis of
Aculabs, Inc., as additional members of the official committee of
unsecured creditors in the Chapter 11 cases of Genesis Healthcare
Inc. and affiliates.
The Committee retained Proskauer Rose LLP and Stinson LLP as its
co-counsel.
GENESIS HEALTHCARE: Whitaker Represents Nursing Home Patients
-------------------------------------------------------------
In the Chapter 11 bankruptcy cases of Genesis Healthcare Inc. and
its debtor-affiliates, Whitaker Chalk Swindle & Schwartz PLLC filed
with the United States Bankruptcy Court for the Northern District
of Texas, Dallas Division, a Verified Statement pursuant to Federal
Rule of Bankruptcy Procedure 2019 to inform the Court that the law
firm represents:
1. one personal injury claimant, Phillip Miles, and
2. six Wrongful Death Claimants, Todd Lopez, as Personal
Representative of the Wrongful Death Estate of Therese G. Padilla,
Todd Lopez, as Personal Representative of the Wrongful Death Estate
of Regina Suazo, Callie Avant, as Personal Representative of the
Estate of Leonard P. Taylor, Christopher Templeman, as Personal
Representative of the Wrongful Death Estate of Ernestine Pedro,
Christopher Templeman, as Personal Representative of the Wrongful
Death Estate of Julia Marquez, and Kristina Martinez, as Personal
Representative of the Wrongful Death Estate of Denise Madrid
Garcia.
Whitaker Chalk assures the Court that the firm only represents the
Claimants and does not represent any other entities in the Debtors'
jointly administered bankruptcy cases.
Whitaker Chalk recounts that it was engaged by the law firm of
Egolf + Ferlic + Martinez, LLC on July 17, 2025, to represent Todd
Lopez, as Personal Representative of the Wrongful Death Estate of
Therese Padilla, and Todd Lopez as Personal Representative of the
Wrongful Death Estate of Regina Suazo.
Whitaker Chalk was engaged by the law firm of Atkins & Walker, PA
on August 27, 2025, to represent Phillip Miles, Christopher
Templeman, as Personal Representative of the Wrongful Death Estate
of Ernestine Pedro, Christopher Templeman, as Personal
Representative of the Wrongful Death Estate of Julia Marquez, and
Kristina Martinez as Personal Representative of the Wrongful Death
Estate of Denise Madrid Garcia.
Whitaker Chalk was engaged by the Golden Law Office on August 27,
2025, to represent Callie Avant, as Personal Representative of the
Estate of Leonard P. Taylor.
Each of the Claimants was a patient or resident at a nursing home
or rehabilitation facility owned by the Debtors and suffered
personal injury or wrongful death due to malpractice or neglect.
Whitaker Chalk tells the Hon. Stacey G. C. Jernigan that the
Claimants have filed timely Proofs of Claim.
According to Whitaker Chalk, each Claimant is an unsecured
creditor. Most of the claims are unliquidated, except that Phillip
Miles has a settlement agreement under which certain Debtors agreed
to pay him $275,000. The settlement amount was agreed to
pre-petition, but the Debtors did not pay the settlement amount
before the Petition Date. In certain of the Proof of Claims, the
Claimants have provided estimates of what they believe their claims
to be worth. Other claims are wholly unliquidated, with the claim
amounts listed as "unknown."
Whitaker Chalk may be reached at:
Robert A. Simon, Esq.
301 Commerce Street, Suite 3500
Fort Worth, TX 76102
Tel: (817) 878-0543
Fax: (817) 878-0501
E-mail: rsimon@whitakerchalk.com
About Genesis Healthcare Inc.
Based in Culver City, Calif., Genesis Healthcare Inc. is a medical
group thatprovides physician services in Southern California.
Genesis Healthcare has operated under the names Daehan Prospect
Medical Group and Prospect Genesis Healthcare.
Genesis Healthcare Inc. and several affiliated debtors sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Tex. Lead Case 25-80185) on July 9, 2025. In its petition, Genesis
Healthcare Inc. listed between $1 billion and $10 billion in
estimated assets and liabilities.
The Hon. Bankruptcy Judge Stacey G. Jernigan handles the jointly
administered cases.
The Debtors employed McDermott Will & Schulte LLP as counsel;
Jefferies LLC as investment banker; and Ankura Consulting Group,
LLC, as restructuring advisors, and designated Louis E. Robichaux
IV and Russell A. Perry as co-chief restructuring officers. Katten
Muchin Rosenman LLP serves as special counsel at the sole direction
of Jonathan Foster and Elizabeth LaPuma in their capacity as
independent directors and members of the special investigation
committee.
The U.S. Trustee appointed an official committee of unsecured
creditors in the Chapter 11 cases of Genesis Healthcare Inc. and
affiliates. The Committee retained Proskauer Rose LLP and Stinson
LLP as its co-counsel; FTI Consulting, Inc., as its financial
advisors; and Houlihan Lokey Capital, Inc. as its investment
banker.
The U.S. Trustee also appointed:
-- Melanie Cyganowski of Otterbourg, PC as patient care
ombudsman for the healthcare facilities listed at
https://is.gd/uSxEBx She tapped Otterbourg as her counsel.
-- Susan Goodman of Pivot Health Law as PCO for the healthcare
facilities listed at https://is.gd/M5zlls She is represented by
Kane Russell Coleman Logan PC as counsel.
-- Suzanne Koenig of SAK Healthcare as PCO for the healthcare
facilities listed at https://is.gd/qv5SwV She is represented by
Greenberg Traurig, LLP, as counsel. SAK Management Services, LLC
d/b/a SAK Healthcare serves as her medical operations advisor.
Brown Rudnick LLP and Stutzman, Bromberg, Esserman, & Plifka, PC
represent an ad hoc group of holders of personal injury and
wrongful death claims. Whitaker Chalk Swindle & Schwartz
represents a personal injury claimant and six wrongful death
claimants.
GLASS MANAGEMENT: Court Extends Cash Collateral Access to Oct. 31
-----------------------------------------------------------------
Glass Management Services, Inc. received another extension from the
U.S. Bankruptcy Court for the Northern District of Illinois to use
the cash collateral of Old National Bank.
The Debtor was authorized to use cash collateral until October 31
to pay the expenses set forth in its budget, plus an amount not to
exceed 10% for each line item
The Debtor projects total operational expenses of $203,792.61.
Old National Bank's interest in the assets will be protected by
replacement liens on post-petition assets, according to the interim
order penned by Judge Janet Baer.
The bank will also be granted a superpriority administrative
expense claim in case of diminution in value of its collateral and
will continue to receive monthly payments of $30,000 from the
Debtor, which the bank can automatically debit from the Debtor's
account. The monthly payments started in December last year.
As further protection, the Debtor was ordered to keep the bank's
collateral insured.
The next hearing is scheduled for October 29.
Old National Bank is the holder of two loans made to the Debtor.
The loans are secured by a first priority security interest over
all business assets of the Debtor granted to the bank.
As of September 25, 2024, the balance due in the aggregate against
each of the loans was not less than $4,046,480.56.
About Glass Management
Glass Management Services, Inc. is a construction contractor based
in Illinois, specializing in glazing services. Established with a
focus on high-profile projects, the company has been involved in
significant developments, including the Obama Presidential Library,
Terminal 5 at O'Hare Airport, and multiple Chicago Public Schools
and CTA transit stations.
Glass Management Services sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-14036) with
$3,029,997 in assets and $11,989,444 in liabilities. Ernest B.
Edwards, president of Glass Management Services, signed the
petition.
Judge Janet S. Baer presides the case.
David P. Leibowitz, Esq., at Leibowitz, Hiltz & Zanzig, LLC is the
Debtor's legal counsel.
Old National Bank, as secured creditor, is represented by:
Adam B. Rome, Esq.
Greiman, Rome, & Griesmeyer, LLC
205 W. Randolph St., Ste. 2300
Chicago, IL 60606
Phone: 312-428-2750
arome@grglegal.com
GOAT HOLDCO: S&P Affirms 'B' ICR on Credit-Neutral Spin-Off
-----------------------------------------------------------
S&P Global Ratings affirmed its 'B' issuer credit rating on Goat
Holdco LLC (doing business as Barnes Group).
S&P said, "At the same time, we affirmed our 'B' issue-level rating
on the company's revolving credit facility and senior secured term
loan and notes. The recovery rating is '4', reflecting average
(30%-50%, rounded estimate: 35%) recovery in a hypothetical default
scenario.
"The stable outlook reflects our view that Barnes is
well-positioned to benefit from strong demand within the A&D
segment, specifically the ramp up from original equipment
manufacturers (OEMs) in new aero engines to support deliveries, as
well as continued robust demand for component repair services and
spare parts for an aging fleet that continues to see high
utilization."
Barnes Group announced its intention to spin-off its industrials
segment. S&P expects the separation to be completed by the end of
2025.
The loss of scale and end-market diversity of the industrials
segment is somewhat counterbalanced by likely benefits to the
aerospace and defense (A&D) segment's already high-margin business
line and improving cash flow, which will be adequate to support the
existing capital structure and thus broadly neutral on our rating.
S&P said, "The separation of the industrials segment is largely
neutral to our rating. Barnes' aerospace business has stronger
margins and growth characteristics than the industrial segment, and
we view the separation as improving the company's strategic focus.
The spin-off will initially result in reduced earnings and cash
flow, as well as scale and end-market diversity. The company will
receive proceeds of approximately $360 million as result of the
transaction and we assume that Barnes will allocate a portion of
the funds to repay debt or fund acquisitions or distributions to
shareholders."
Barnes is well-positioned to benefit from strong market tailwinds
driving stronger volumes in new aero engines, as well as demand in
component repair and spare parts for aging engine platforms that
are widely used and have high levels of utilization, such as the
CFM56 and V2500. The company's position as a key supplier across
most platforms from all three major engine OEMs and its meaningful
installed base will drive top-line growth over the medium term.
Backlogs at the OEM level will support revenue growth for the
aerospace and defense business at least the next couple of years.
S&P expects top-line growth of 12.5%-17.5% in 2025 and 2026.
S&P said, "We expect leverage to be elevated at 7.00x-7.25x at
year-end 2025, before gradually improving to 6.75x-7.0x in 2026.
Additionally, we forecast funds from operations (FFO) to debt to
remain constrained at 5%–10% through 2026, reflecting ongoing
balance sheet pressure post-separation.
"We expect strong demand to expand EBITDA margin and improve cash
flow. We project that air travel will remain resilient, with rising
flight hours driving strong demand for aftermarket component
repair, and overhaul (CRO) services. Barnes is actively scaling its
aeroengine production volumes to meet this demand and is securing
steady new business through long-term contracts that provide
revenue visibility and stability. Its top three
customers--collectively accounting for between 60% - 65% of
revenue--are experiencing robust end-market demand, further
reinforcing Barnes' growth outlook. Taken together, these factors
position the company to benefit from sustained momentum across both
OEM and aftermarket aerospace segments.
"Building on this strong demand growth, Barnes is also targeting
operational efficiency initiatives. We expect these efforts,
combined with volume expansion, will underpin moderate EBITDA
margin growth through 2025 and 2026. Notably, the company's S&P
adjusted margins already exceed industry averages for A&D peers,
reflecting strong operational leverage and disciplined cost
management. As a result, we forecast S&P adjusted EBITDA margins to
remain meaningfully above industry averages for 2025 and 2026.
"We expect the company to maintain an aggressive financial policy.
Following the separation, we forecast that Barnes will generate
modest free cash flow, with the expectations that funds are
primarily allocated toward bolt-on acquisitions and shareholder
returns. The company expects to receive a cash inflow of
approximately $360 million from the separation. We assume that
Barnes uses a portion of these proceeds to reduce debt, fund
acquisition or shareholder distributions. The balance provides the
company with the flexibility to pursue strategic acquisitions aimed
at expanding its operational scale. We anticipate that financial
policies that prioritize shareholder returns will result in credit
measures consistent with high-leveraged levels.
"The stable outlook reflects our expectation that credit metrics
will improve to levels appropriate for the rating over the next 12
months. We expect Barnes' aero segment to continue to perform well
as engine OEMs ramp up production and the aftermarket business
lines continue to benefit from high utilization, Given the robust
demand across A&D end markets, we expect the margin expansion to
drive credit metric improvement, resulting in leverage levels to
fall below 7.0x by 2026."
S&P could lower its rating on Barnes, over the next 12 months, if
debt to EBITDA sustains over 7.0x and we do not see a clear path to
deleveraging. This could occur due to:
-- A slower-than-anticipated ramp in OEM production rates;
-- Aftermarket demand within A&D declines due to lower air travel
volume; or
-- A financial policy more aggressive than we anticipate, such
that the company pursues sizable debt-funded acquisitions or
dividends.
Though unlikely, S&P could raise its rating on Barnes over the next
12 months if debt to EBITDA falls below 5.0x and S&P believes
leverage will remain at such level. This could occur if:
-- Demand for aftermarket parts and services has a significant
boost;
-- The company allocates FOCF toward debt paydown faster than
anticipated; and
-- The financial sponsor commits to a more moderate financial
policy.
GOBLYN HEAD: Melissa Haselden Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 7 appointed Melissa Haselden, Esq., at
Haselden Farrow, PLLC as Subchapter V trustee for Goblyn Head
Press, Inc.
Ms. Haselden will be paid an hourly fee of $595 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Haselden declared that she is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Melissa A. Haselden, Esq.
Haselden Farrow, PLLC
700 Milam, Suite 1300
Pennzoil Place
Houston, TX 77002
Telephone: (832) 819-1149
Facsimile: (866) 405-6038
mhaselden@haseldenfarrow.com
About Goblyn Head Press Inc.
Goblyn Head Press, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Texas Case No.
25-80471) on September 30, 2025, with up to $50,000 in assets and
liabilities.
Judge Alfredo R. Perez presides over the case.
Kimberly Anne Bartley, Esq., at Waldron & Schneider, L.L.P.
represents the Debtor as legal counsel.
GRANT PARK: Retains Edward Izzi & Associates as Accountants
-----------------------------------------------------------
Grant Park Packing Company, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to hire
Edward D. Izzi and the accounting firm of Edward Izzi & Associates,
Ltd. to serve as accountants in its Chapter 11 case.
Mr. Izzi and his firm will provide these services:
(a) preparation of payroll;
(b) payment of payroll and sales taxes;
(c) preparation and filing of federal and state tax returns;
(d) preparation of monthly operating reports; and
(e) assistance in winding down the Debtor's business operations,
as may be necessary herein.
Edward Izzi & Associates, Ltd. will receive an initial $5,000
retainer upon court approval, and subsequent monthly retainers of
$2,800 covering 16 hours of services per month.
According to court filings, neither Edward D. Izzi nor Edward Izzi
& Associates, Ltd. hold or represent an interest adverse to the
Debtor or the estate and are considered "disinterested persons"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Edward Izzi & Associates, Ltd.
3434 Runge St.
Franklin Park, IL 60131
About Grant Park Packing Company
Founded in 1974 and still family-owned, Grant Park Packing Company,
Inc. operates one of Chicago's last fully functioning pork packing
plants in the heart of Fulton Street Market, processing thousands
of whole hogs daily. The federally inspected facility distributes
fresh pork, beef, lamb, goat, poultry and processed meats at
wholesale prices to restaurants, retailers and individual customers
throughout the Chicago area and beyond.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-11968) on August 5,
2025, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Lucia Maffei, secretary, signed the
petition.
Judge Jacqueline P. Cox presides over the case.
David Herzog, Esq. at DAVID HERZOG represents the Debtor as legal
counsel.
GRANT PARK: Taps the Law Office of David R. Herzog as Counsel
-------------------------------------------------------------
Grant Park Packing Company, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to hire
David R. Herzog of the Law Office of David R. Herzog, LLC to serve
as legal counsel in its Chapter 11 case.
Mr. Herzog will provide these services:
(a) give the Debtor legal advice with respect to its duties,
powers, and responsibilities as a debtor-in-possession;
(b) assist the Debtor in the negotiation, formulation, and
drafting of a plan of reorganization;
(c) appear for, prosecute, defend, and represent the Debtor's
interests in matters arising in or related to this case;
(d) prepare all necessary pleadings, orders, applications,
reports, and other legal papers as may be necessary in connection
with this case; and
(e) perform such other legal services as may be required.
According to court filings, Mr. Herzog is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
David R. Herzog, Esq.
LAW OFFICE OF DAVID R. HERZOG, LLC
53 W. Jackson Blvd., Suite 1442
Chicago, IL 60604
Telephone: (312) 977-1600
E-mail: drh@dherzoglaw.com
About Grant Park Packing Company
Founded in 1974 and still family-owned, Grant Park Packing Company,
Inc. operates one of Chicago's last fully functioning pork packing
plants in the heart of Fulton Street Market, processing thousands
of whole hogs daily. The federally inspected facility distributes
fresh pork, beef, lamb, goat, poultry and processed meats at
wholesale prices to restaurants, retailers and individual customers
throughout the Chicago area and beyond.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-11968) on August 5,
2025, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Lucia Maffei, secretary, signed the
petition.
Judge Jacqueline P. Cox presides over the case.
David Herzog, Esq. at DAVID HERZOG represents the Debtor as legal
counsel.
GREAT EASTERN: Court OKs Water Craft Sale to KA Marine for $500
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida,
Fort Lauderdale Division, has permitted Great Eastern Group Inc. to
sell Ming Hai Water craft in a private sale, free and clear of
liens, claims, interests, and encumbrances.
The Ming Hai is a 1969 Chinese style wooden sailboat. Its condition
has deteriorated and it is not presently seaworthy. Most recently,
GEG was made aware of water intrusion caused by leaks in protective
shrink wrap, damaged and open planks, and bilge pump failures.
Photos of the present condition of the Ming Hai.
Presently, the Ming Hai represents a significant risk of loss and
increased liabilities and will not be a meaningful source of
recoveries.
The Court has authorized the Debtor to sell the Ming Hai water
craft to KA Marine LLC in the purchase price of $500.
The buyer, KA Marine LLC is a good faith purchaser and the amount
of $500.00 is reflective of the market value of the Ming Hai in its
current condition.
The offer by the Buyer to purchase the Ming Hai is the highest and
best offer and represents fair and adequate consideration for the
Ming Hai.
The Debtor’s largest unsecured creditor, Gulfmark America's Inc.,
filed no objection to the Motion;
Buyer has inspected the Ming Hai and acknowledges that Buyer is
fully aware of the vessel's present condition and that all
inspections have been completed to the satisfaction of the Buyer.
The Buyer agrees to take on any liability of and associated with
the Ming Hai, including but not limited to any costs, expenses,
invoices or work orders incurred prior to closing.
The Buyer will accept physical possession, ownership and control of
the Ming Hai within three calendar days of the entry of the order
authorizing sale;
The Purchase Price includes reasonably equivalent and fair market
value for the Debtor's interest in the Ming Hai under the
Bankruptcy Code and applicable non-bankruptcy law.
About Great Eastern Group Inc.
Great Eastern Group Inc. provides engineering services. The Company
specializes in submarine telecommunications, marine, environmental,
and alternative energy engineering services. Great Eastern Group
serves government and commercial sectors in the States of Florida,
Rhode Island, Washington, and Virginia.
Great Eastern Group Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-15582) on June 4,
2024. In the petition signed by Virginia J. Hoffman, as president,
the Debtor reports total assets of $1,587,987 and total liabilities
of $13,552,66.
Bankruptcy Judge Scott M. Grossman oversees the case.
Brett Lieberman, at EDELBOIM LIEBERMAN PLLC, is the Debtor's
counsel.
GREEN COPPERFIELD: Claims to be Paid from Business Income
---------------------------------------------------------
Green Copperfield LLC d/b/a Trailer King Builders filed with the
U.S. Bankruptcy Court for the Southern District of Texas a Plan of
Reorganization dated October 1, 2025.
The Debtor is a Texas limited liability company formed to
manufacture, repair, and service food trucks and trailers in the
Houston area. The Debtor was formed on December 4, 2017.
The Debtor's income is derived from its ongoing business
operations, which will be used to fund this plan of reorganization.
Patrick Bolanos (50% owner) and Ramiro Gonzalez (25% owner),
principals of the Debtor, are proposed to remain in this capacity
following confirmation of the Plan, and the Debtor is to remain in
legal existence.
The Debtor and (current) partner Roy Alba (25% owner) intend to
part ways, with Roy Alba's share being conveyed to the Debtor.
The Debtor's financial projections will show that the Debtor will
have projected disposable income of at least $100,000 per year, or
$500,000 over five years. As such, the sum of $25,000 per quarter
will be deposited into a segregated account for payment of Class 3
claims over time on a pro rata basis.
The Plan is filed under chapter 11 of the Bankruptcy Code (and
proposes to pay creditors of the Debtor from cash flow from future
business operations following confirmation of the Plan.
This Plan provides for full payment of administrative expenses and
priority tax claims on or before the Effective Date.
This Plan provides for the auction of liened property and/or
reinstatement to satisfy secured claims, with any undersecured
portion of such claim to be bifurcated and treated as a general
non-priority unsecured claim.
Class 3 consists of Nonpriority non-insider unsecured creditors.
Each holder of a Class 3 non priority unsecured claim shall be
entitled to a pro rata share of the funds available in the
segregated account available on the later of the Effective Date and
the date on which such claim is allowed by a final non appealable
order, until such holder's allowed claim is paid in full (with such
segregated account being funded with $25,000 per quarter of the
Debtor's disposable income). If the holder's allowed claim is not
fully satisfied by this distribution, such holder shall be entitled
to distributions of the Debtor's disposable business income under
the Plan from future income of the Debtor's business over a span of
five years in accordance with the Code until such claim is paid in
full, or until the cessation of such distributions.
Class 4 consists of Nonpriority insider unsecured creditors.
Holders of Class 4 non-priority insider claims shall receive
nothing on account of their claims.
Equity holders of the Debtor shall retain their interests in the
Debtor, except that Roy Alba shall relinquish his equity interests
and such interests shall be conveyed to the Debtor, leaving Patrick
Bolanos and Ramiro Gonzalez as the sole principals of the
reorganized Debtor.
The Plan will be funded by future business income of the Debtor
over a period of five years in accordance with the Code.
A full-text copy of the Plan of Reorganization dated October 1,
2025 is available at https://urlcurt.com/u?l=SkR7Us from
PacerMonitor.com at no charge.
The Debtor's Counsel:
Bennett G. Fisher, Esq.
LEWIS BRISBOIS
24 Greenway Plaza 1400
Houston TX 77046
Tel: (713) 659-6767
E-mail: bennett.fisher@lewisbrisbois.com
About Green Copperfield LLC
Green Copperfield, LLC, doing business as Trailer King Builders,
designs, manufactures, and modifies custom food trucks and
concession trailers.
Green Copperfield sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 25-33860) on
July 1, 2025. In its petition, the Debtor reported total assets of
$135,933 and total liabilities of $3,764,017.
Judge Jeffrey P. Norman handles the case.
The Debtor is represented by Bennett G. Fisher, Esq., at Lewis
Brisbois.
GRUBHUB HOLDINGS: Moody's Affirms 'B3' CFR, Outlook Stable
----------------------------------------------------------
Moody's Ratings affirmed Grubhub Holdings Inc.'s (Grubhub) B3
Corporate Family Rating and B3-PD Probability of Default Rating and
assigned a B3 rating to Grubhub's new guaranteed senior secured
global 13% PIK notes due 2030 (PIK Notes) issued in exchange for
the existing senior unsecured notes due 2027. The outlook remains
stable. Moody's withdrew the B3 rating on the senior unsecured
notes due 2027 after the exchange was completed and the remaining
unexchanged stub subsequently redeemed.
The rating actions are prompted by Grubhub's debt exchange and a
recent ramp up in investment spending that aims to reverse a trend
of declining order volumes and revenue with return to growth in
2026.
On September 24, Grubhub completed the exchange of its $500 million
5.5% guaranteed senior unsecured notes due July 2027 for $554
million guaranteed senior secured PIK notes due July 2030 (PIK
Notes). The transaction extended debt maturity with only a modest
increase in cash interest over the next 12-18 months and raised
additional liquidity in support of its growth investment strategy.
However, total interest expense will increase materially given the
large non-cash interest component in the PIK Notes.
The rating actions also consider the company's shift in growth
strategy that caused a deterioration in credit metrics and
liquidity in the first half 2025. Following $54 million in
incremental discretionary Q2 investments, negative free cash flow
was $60 million (LTM June 2025) and Moody's adjusted leverage
increased to 8.3x at the end of Q2 2025 from 5.6x at the end of
2024. Moody's estimates that annual EBITDA will drop below $20
million and negative free cash flow of approximately $140 million
in calendar 2025. The new growth strategy will weaken credit
metrics further in 2025 and it will take time to evaluate the
return on these investments. Though Moody's expects an improvement
in order and revenue growth in 2026, the sustainable profitability
of the business and the effect of a potential dial down of these
growth investments remains unclear given tough competition and low
switching costs in food delivery.
Grubhub will rely on external funding and support from its parent,
Wonder Group, Inc., (Wonder) to pursue its growth plans. Integral
to Moody's credit thesis is Moody's views that due to the strategic
value of Grubhub to Wonder, Wonder will continue to provide
implicit and contractual support over the next 12-18 months as
Grubhub continues to invest. The amended intercompany revolver
agreement provides for $50 million of initial liquidity support
(fully drawn at June 30, 2025). The PIK Notes and the amended
intercompany revolver include covenants obligating Wonder to
increase the size of the commitment if certain requirements are
met. Wonder will be required to increase the intercompany revolver
to $100 million from $50 million if gross transaction volume (GTV)
is negative on a trailing 12-month basis, starting with year-end
2026. Grubhub cannot pay back or reduce the loan until its GTV is
positive for 12 months at each quarter end date. If GTV is negative
by less than 5%, the $100 million shall only be available and not
subject to any mandatory drawdown by Grubhub. If GTV is negative by
5% to 10%, Grubhub must draw half of the undrawn amount and if GTV
is negative by more than 10%, Grubhub has to draw all available
funds from the revolver. Also, pursuant to the new guaranteed
senior secured notes indenture and the amended revolver agreement,
if Grubhub misses an interest payment, Wonder will fund it,
increasing the intercompany loan facility amount, and repayments
stay restricted until GTV turns positive. The management of Wonder
has informed us that Wonder has the ability to support Grubhub's
liquidity needs over the next 12-18 months.
RATINGS RATIONALE
Grubhub's B3 CFR continues to reflect declining revenue and
transaction volume trends, heightened regulatory scrutiny of the
online food delivery industry and high funding needs to support its
growth initiatives over the coming 12-18 months. Grubhub operates
in the intensely competitive online food ordering and delivery
industry, which has low switching costs for diners and restaurants
alike. Grubhub's credit quality benefits from its solid operating
scale and strong market positions in certain large urban markets,
including Manhattan. If Grubhub's investment strategy is
successful, Moody's expects declining revenue trends to reverse in
2026 and leverage to start declining to a 5x-8x range on Moody's
adjusted basis with improving but still negative free cash flow
next year. While Moody's expects capital intensity to moderate in
2026, competitive pressure could make capital spending meaningfully
higher than Moody's current forecast.
Moody's views Grubhub's liquidity as weak over the next 12-18
months given reliance on external sources of funding to support its
investment strategy. For external financing, Grubhub relies on a
$50 million intercompany revolver with Wonder, maturing in October
2030, with interest payable in PIK only. Amended in connection with
the debt exchange transaction, the revolver was fully drawn at the
end of Q2 2025. Moody's expects a balance of at least $50 million
to remain outstanding over the coming year. Moody's expects Grubhub
to seek additional third party financing or financing from Wonder
to achieve its growth objectives.
Grubhub had $49 million of cash at quarter ended June 2025, which
is below its restaurant liability obligations (payments due to
restaurants estimated at around $120 million). Moody's expects the
company's free cash flow (defined as CFO less capex) to be negative
$140 million in 2025.
The B3 senior secured notes rating reflects the probability of
default of Grubhub (B3-PD probability of default rating), an
average expected family recovery rate of 50% in a default scenario
and a preponderance of secured debt in the Grubhub's capital stack,
ahead of the intercompany revolving facility (unrated). The
intercompany revolver is unsecured and expressly subordinated in
right of payment to the notes; therefore, Moody's rank it below the
notes in Moody's liability waterfall.
While Moody's expects free cash flow to weaken and financial
leverage to increase over the remainder of 2025, the stable outlook
reflects Moody's views that this deterioration is temporary and
that Grubhub will obtain needed financial support from Wonder.
Moody's also expects that Grubhub will show improving leverage in
2026, with an expectation of positive free cash flow generation as
heavy discretionary investments are dialed down.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Given execution risks associated with Grubhub's investment strategy
over the coming year, an upgrade is unlikely over the next 12 to 18
months. Moody's could upgrade Grubhub's rating over time if the
company shows sustained strong organic revenue growth, reduces
leverage to under 5x on Moody's-adjusted basis, sustains free cash
flow in the mid single digits of total adjusted debt and maintains
good liquidity.
The ratings could be downgraded if the financial strength of Wonder
declines, Moody's assessments of implied or contractual support
provided by Wonder declines, or Grubhub's revenue and EBITDA
improvements do not materialize.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Grubhub is a provider of online and mobile platform for restaurant
pick-up and delivery orders and offers delivery services to
restaurants. Grubhub reported $1.56 billion in revenue as of the
latest twelve months ending June 2025. Grubhub is a wholly owned
subsidiary of Wonder.
GUNNISON VALLEY: Employs Keen-Summit as Real Estate Broker
----------------------------------------------------------
Gunnison Valley Properties LLC seeks approval from the U.S.
Bankruptcy Court for the District of Colorado to employ Keen-Summit
Capital Partners LLC as real estate advisor, marketing agent, and
broker in its Chapter 11 case.
Keen-Summit will perform these services:
(a) review pertinent documents and consult with the Debtor's
counsel, as appropriate;
(b) coordinate with the Debtor regarding the development of due
diligence materials;
(c) host a data room for interested parties;
(d) develop, subject to the Debtor's review and approval, a
marketing plan and implement it;
(e) communicate regularly with prospects and maintain a record of
communications;
(f) solicit offers for a transaction;
(g) present all offers for a transaction to the Debtor;
(h) assist the Debtor in evaluating, structuring, negotiating, and
implementing proposed transactions;
(i) develop and implement, subject to review and approval, an
auction plan, including arranging logistics, assisting with bid
procedures, qualifying bidders, and running the auction;
(j) communicate regularly with the Debtor and its professional
advisors regarding the status of efforts; and
(k) work with the Debtor's attorneys in implementing proposed
transactions, reviewing documents, negotiating, and assisting in
resolving any issues.
Keen-Summit will receive a Transaction Fee equal to 5% of the gross
proceeds from each transaction, or 4% if the winning bidder is one
of the parties listed on Schedule C. (Section III(B)(1) of the
Retention Agreement)
If no Transaction Fee is earned, Keen-Summit will be entitled to a
Minimum Fee of $150,000. The firm will also be reimbursed for
reasonable out-of-pocket expenses and marketing costs not exceeding
$25,000 without prior written approval.
According to court filings, Keen-Summit Capital Partners LLC does
not hold or represent an interest adverse to the Debtor or the
estate and is a "disinterested person" as defined in Section
101(14) of the Bankruptcy Code.
The firm can be reached at:
Matthew Bordwin
Keen-Summit Capital Partners LLC
1 Huntington Quadrangle, Suite 2C04
Melville, NY 11747
Telephone: (646) 381-9202
E-mail: mbordwin@Keen-Summit.com
About Gunnison Valley Properties
Gunnison Valley Properties LLC in Louisville, Colo., sought relief
under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Case No.
24-15052) on Aug. 28, 2024, listing $50 million to $100 million in
assets and $10 million to $50 million in liabilities. Byron
Chrisman, manager, signed the petition.
Judge Joseph G. Rosania Jr. oversees the case.
Onsager | Fletcher | Johnson | Palmer LLC serves as the Debtor's
legal counsel.
HALL OF FAME: Extends Merger Termination With HOFV to Oct. 17
-------------------------------------------------------------
As previously disclosed, on September 5, 2025, Hall of Fame Resort
& Entertainment Co. received a Notice of Intent to Terminate Merger
Agreement and Non-Extension of Note & Security Agreement from the
HOFV Holdings, LLC ("Parent"), Omaha Merger Sub, Inc. (the "Merger
Sub" and together with Parent, the "Buyer Parties") and certain of
their affiliates.
Pursuant to the Notice, the Buyer Parties and CH Capital Lending,
LLC, a Delaware limited liability company and an affiliate of
Stuart Lichter, a director of the Company, provided written notice
of their intention to terminate that certain Agreement and Plan of
Merger, dated May 7, 2025, by and among the Company, the Buyer
Parties, and CHCL solely as guarantor under Section 8.1(e) on
September 17, 2025, due to the Company's failure to perform its
obligations thereunder.
On September 16, 2025, the Company received a letter from the Buyer
Parties and certain of their affiliates that extended such
termination date to September 30, 2025.
On September 30, 2025, the Company received an additional letter
from the Buyer Parties and certain of their affiliates providing
that in consideration of the agreements set forth in the Eleventh
Amendment to Note and Security Agreement, the termination date of
September 30, 2025 had been extended to October 17, 2025, and
further, Parent agreed to forbear from exercising its rights and
remedies under the Merger Agreement, prior to such date, absent any
earlier default by the Company of any of its obligations under and
pursuant to the Merger Agreement other than the obligations arising
under Section 7.2(g) of the Merger Agreement with respect to
receipt of third party consents to the transaction from the holders
of the Company's 8% Convertible Notes due 2025.
If the Company is unable to obtain the consent of the holders of
the Company's 8% Convertible Notes due 2025 to resolve the asserted
default under the Merger Agreement, the foregoing would be expected
to have a material adverse effect on the Company's liquidity and
financial condition and may render the Company insolvent and unable
to sustain its operations and continue as a going concern.
No assurance can be provided that the Company will be able to
refinance, restructure or repay its indebtedness or to continue as
a going concern.
About Hall of Fame Resort
Hall of Fame Resort & Entertainment Co. is a resort and
entertainment company leveraging the power and popularity of
professional football and its legendary players in partnership with
the National Football Museum, Inc., doing business as the Pro
Football Hall of Fame. Headquartered in Canton, Ohio, the Company
owns the DoubleTree by Hilton located in downtown Canton and the
Hall of Fame Village, which is a multi-use sports, entertainment,
and media destination centered around the PFHOF's campus.
Cleveland, Ohio-based Grant Thornton LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 26, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has sustained recurring losses through December 31, 2024 and
utilized cash from operations of $10.9 million during the year
ended December 31, 2024. The Company has $109.5 million of debt due
through December 31, 2025, and will need to raise additional
financing to accomplish its development plans and fund its working
capital. These conditions, along with other matters, raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, the Company had $366.7 million in total
assets, $294.5 million in total liabilities, and a total equity of
$72.2 million. As of June 30, 2025, the Company had $360.5 million
in total assets, $315.7 million in total liabilities, and $44.8
million in total equity.
HALL OF FAME: Increases Facility to $20M in 11th Amendment
----------------------------------------------------------
Hall of Fame Resort & Entertainment Co. disclosed in a Form 8-K
Report filed with the U.S. Securities and Exchange Commission that
the Company, and its subsidiaries HOF Village Newco, LLC, a
Delaware limited liability company, HOF Village Retail I, LLC, a
Delaware limited liability company, and HOF Village Retail II, LLC,
a Delaware limited liability company, entered into an Eleventh
Amendment to Note and Security Agreement, with CH Capital Lending,
LLC, a Delaware limited liability company. CHCL is an affiliate of
Stuart Lichter, a director of the Company.
The Eleventh Amendment modifies the definition of "Facility Amount"
in Section 1 of the original Note and Security Agreement (as
amended prior to the Eleventh Amendment) to increase the facility
amount from $17,000,000 to $20,000,000 allowing the Borrowers to
request an additional $3,000,000 for general corporate purposes,
subject to certain restrictions, and extends the definition of
"Maturity Date".
In the event that the Take Private Transaction (as defined in the
Note) is not consummated on or prior to October 17, 2025, for any
reason including, without limitation, the continuing failure to
obtain the consent of the holders of the Company's 8% Convertible
Notes due 2025, the Eleventh Amendment includes certain covenants,
among them, the Company's obligation to facilitate the expeditious
transfer of all collateral granted to Lender and any of its
affiliates under this Note and any of the IRG Affiliate Debt
Documents as well as certain other rights with respect to
foreclosure proceedings.
The Eleventh Amendment also acknowledges that the Company's Board
of Directors has authorized and directed management to cooperate
with Lender in the preparation of the necessary agreements,
instruments and documents relating to the foreclosure of various
properties that provide collateral for the loans and other
financial accommodations issued and outstanding pursuant to the
Note and the IRG Affiliate Debt Documents.
About Hall of Fame Resort
Hall of Fame Resort & Entertainment Co. is a resort and
entertainment company leveraging the power and popularity of
professional football and its legendary players in partnership with
the National Football Museum, Inc., doing business as the Pro
Football Hall of Fame. Headquartered in Canton, Ohio, the Company
owns the DoubleTree by Hilton located in downtown Canton and the
Hall of Fame Village, which is a multi-use sports, entertainment,
and media destination centered around the PFHOF's campus.
Cleveland, Ohio-based Grant Thornton LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated March 26, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has sustained recurring losses through December 31, 2024 and
utilized cash from operations of $10.9 million during the year
ended December 31, 2024. The Company has $109.5 million of debt due
through December 31, 2025, and will need to raise additional
financing to accomplish its development plans and fund its working
capital. These conditions, along with other matters, raise
substantial doubt about the Company's ability to continue as a
going concern.
As of Dec. 31, 2024, the Company had $366.7 million in total
assets, $294.5 million in total liabilities, and a total equity of
$72.2 million. As of June 30, 2025, the Company had $360.5 million
in total assets, $315.7 million in total liabilities, and $44.8
million in total equity.
HEALTHY EXTRACTS: Inks Merrger Ddeal With GUSA, Issues 13.1M Shares
-------------------------------------------------------------------
Healthy Extracts Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on July 19, 2025, it
entered into a Membership Interest Purchase Agreement with Gummy
USA LLC and its sole-member, Donald Swanson, pursuant to which the
Company acquired 100% of the outstanding membership interests of
GUSA, which became a wholly-owned subsidiary.
As consideration for the purchase, the Company issued 13,075,920
shares of common stock which represented 77.5% of the Company's
issued and outstanding common stock after the transaction, to
Swanson. In addition, Swanson was granted anti-dilution rights to
maintain that same ownership percentage in the event of the
exercise of any of the Company's 154,306 outstanding options and
warrants.
In connection with, and as a material term of, the transaction,
effective on July 19, 2025, Donald Swanson was appointed to the
Board of Directors as the Company's fourth director, Chairman, and
as President (Swanson was appointed as the CEO on September 16,
2025).
Mr. Swanson brings over eight years of deep experience in
pharmaceutical-grade manufacturing and gummy innovation. He has
successfully designed and implemented state-of-the-art production
facilities across multiple international locations, and his
proprietary processes deliver unmatched precision. Under his
leadership, Gummy USA has not only secured significant purchase
orders but also positioned itself to set a new industry benchmark
for quality, regulatory compliance, and supply chain efficiency.
His expertise spans automated controls, advanced fluid dynamics,
and blockchain-enabled product authentication, solving critical
production inefficiencies and protecting brand integrity.
There are no family relationships between any of the Company's
officers or directors. Other than the transactions in connection
with the acquisition of Gummy USA LLC, there are no transactions
with related persons.
Kevin "Duke" Pitts, who was the Company's President prior to the
transaction, was appointed as the Chief Executive Officer (Pitts
was appointed as President and COO on September 16, 2025).
Further in connection with the transaction, Robert Madden, the
Company's Secretary and Chief Financial Officer, was appointed as
the Manager of GUSA.
Rescission of Gummy USA LLC Acquisition
and Appointment of Director; Merger Agreement
On September 26, 2025, the Company rescinded the MIPA as of its
effective date. On the same day, the Company entered into an
Agreement and Plan of Merger with GUSA and Swanson, pursuant to
which GUSA was merged with and into its wholly-owned subsidiary, HE
Gummy USA, Inc., a Nevada corporation.
The Company re-issued the Purchase Shares, which continued to
represent 77.5% of the issued and outstanding common stock after
the transaction, to Swanson. In addition, Swanson was granted
anti-dilution rights to maintain that same ownership percentage in
the event of the exercise of any of the Company's 154,306
outstanding options and warrants.
In connection with, and as a material term of, the rescission, the
appointment of Swanson to the Board of Directors was also
terminated as of its effective date, and effective on September 30,
2025, Donald Swanson was re-appointed to the Board of Directors as
the fourth director, Chairman, and as Chief Executive Officer.
Kevin "Duke" Pitts, who was the Company's President prior to the
transaction, was re-appointed as the Company's President and Chief
Operating Officer. Further in connection with the transaction,
Robert Madden, the Company's Secretary and Chief Financial Officer,
was re-appointed as the Manager of GUSA.
On October 1, 2025, William Bossung resigned as a member of the
Company's Board of Directors.
About Healthy Extracts
Headquartered in Henderson, Nev., Healthy Extracts Inc. --
www.healthyextractsinc.com -- is a platform for acquiring,
developing, patenting, marketing, and distributing plant-based
nutraceuticals. The Company's proprietary and patented products
target select high-growth categories within the multibillion-dollar
nutraceuticals market, such as heart, brain, and immune health.
As of June 30, 2025, the Company had $2,495,521 in total assets,
$2,017,564 in total current and total liabilities, and a total
stockholders' equity of $477,958.
Henderson, Nev.-based Bush & Associates CPA LLC, the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated March 31, 2025, attached to the Company's Annual
Report on Form 10-K for the fiscal year ended December 31, 2024,
citing that the Company's operating losses raise substantial doubt
about its ability to continue as a going concern.
HELIX ENERGY: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
--------------------------------------------------------------
Fitch Ratings has affirmed Helix Energy Solutions Group, Inc.
(Helix) Issuer Default Rating (IDR) at 'BB-'. Fitch has also
affirmed the 'BB-' rating with a Recovery Rating of 'RR4' on the
unsecured notes. The Rating Outlook is Stable.
Helix's ratings reflect the company's low leverage, strong
liquidity, and continued positive free cash flow (FCF) derived from
the focus on production enhancement, well abandonment, and growing
renewables exposure. These strengths are offset by the inherent
volatility of oil and gas activity and the relatively small scale
of the company. The Stable Outlook is based the company's track
record of maintaining a conservative financial strategy.
Key Rating Drivers
Conservative Financial Strategy: Helix's credit quality is
supported by a conservative financial strategy. The company has a
strong track record of disciplined capital spending and funding.
When the market turned down in 2008, Helix utilized asset sales to
fund the completion of a newbuild program. During 2016 and 2017,
management again focused on maintaining the balance sheet by
funding a newbuild program with equity issuances.
Unlike many larger, more diversified oilfield services peers that
needed to resort to bankruptcy or distressed exchanges to
restructure their balance sheets and survive downcycles, Helix
managed through these downturns with prudent spending, timely
equity issuances and asset sales. Fitch expects management to
continue to pursue and maintain a conservative financial strategy.
Small Scale: Helix's scale is small relative to other similarly
rated peers. The Fitch Oil Field Services (OFS) navigator maps an
EBITDA scale of $500 million to the 'BB' level. While Helix's
EBITDA is forecast to grow, Fitch doesn't expect Helix to cross
this threshold within the forecast period. Fitch views scale as a
key rating driver in the OFS sector, as greater scale can help
moderate the negative impacts of cyclical downturns. Helix's
disciplined approach, consistent positive FCF, exposure to less
volatile portions of OFS, and credible ability to not only handle
but also benefit from energy transition provides support for the
rating.
Consistent FCF Generation: Helix has a track record of consistent
positive FCF throughout the cycle and Fitch views the continuation
of this trend as a credit positive. Fitch forecasts consistent
positive FCF through the forecast, even with elevated capital
expenditure (capex) and an overall slowdown in offshore activity in
2025. Fitch expects FCF will be used for a balance of shareholder
distributions and opportunistic growth spending, along with
maintenance of strong liquidity.
Offshore Well Intervention Leader: Fitch views Helix's position as
a leader in the offshore well intervention market as a credit
strength. Historically, most offshore well intervention was
executed by offshore drill rigs or drillships. Helix leads in the
development of purpose-built well intervention vessels and
specializes in these services. The purpose-built design and
specialization allow Helix to execute well production enhancement
more quickly and efficiently, as well as at a lower cost than a
drilling contractor. However, Helix has a significantly smaller
scale than more diversified oilfield services peers.
Exposure to Industry Downturns: Helix remains exposed to volatile
oil and gas production activity. Declines in oil and gas commodity
prices typically lead to significantly decreased spending by
operators. This volatility is more focused on development and
growth spending, but it does still affect expenditures focused on
production and production enhancement.
Decommissioning Backlog: Fitch views Helix's revenue composition,
with around 50% derived from decommissioning activities, as a
credit positive. Global offshore decommissioning expenditures are
expected to grow due to aging infrastructure, declining resources,
and increasing regulatory pressure. The decommissioning of offshore
wells will be an important step in the process of energy transition
and Fitch believes Helix is well-positioned to benefit from this
spending.
Growing Renewables Exposure: Helix's increased exposure to the
renewables industry is a credit positive. The percentage of revenue
generated from renewables projects in 1H25 is approximately 10% and
the expected growth in this segment diversifies the company away
from the oil and gas industry. While most of Helix's revenue is
generated from the oil and gas sector, the compatibility of its
services with the offshore renewables sector provides a credible
path forward through energy transition.
Peer Analysis
Helix's peers include Noble Corporation plc (BB-/Stable), Superior
Energy Services (BB-/Stable), and Weatherford International Public
Limited Company (BB/Stable). Helix's scale is smaller than its
peers, with EBITDA below the roughly $500 million level typically
associated with 'BB' oilfield services issuers. However, Helix
exhibits lower volatility compared to Noble, which is
drilling-focused. At current and forecast levels, Helix's EBITDA
margins are comparable to Weatherford, but lower than Noble and
Superior.
Helix's leverage is comparable with Weatherford and Superior and
lower than Noble. Helix has a consistent track record of generating
positive FCF, even during downturns when peers have negative FCF.
The company's ability to manage this and maintain a solid balance
sheet without resorting to bankruptcy differentiates it from many
of its oilfield services peers.
Key Assumptions
- Brent oil price is $70 per barrel (bbl) in 2025, $65 per bbl in
2026 and 2027, and $60 per bbl thereafter;
- Revenue declines in 2025, followed by low to mid-single-digit
growth in 2026 and 2027;
- EBITDA margins decline in 2025 driven by the soft market and
begin to improve slightly in 2026 and into 2027 through higher
rates and utilization;
- Capex is in line with management expectations;
- Excess FCF is allocated to share buybacks;
- Floating rate debt uses three-month SOFR rate forward curve.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Deterioration in market fundamentals that leads to decreased
utilization and reduced margins on assets;
- Sustained negative FCF or deviation from conservative financial
policies;
- Midcycle EBITDA leverage above 2.5x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Increased scale with midcycle EBITDA that exceeds $500 million
while maintaining generally positive FCF;
- Sustainably stronger offshore drilling market or increased
revenue share derived from renewables customers;
- Midcycle EBITDA leverage below 1.5x.
Liquidity and Debt Structure
As of June 30, 2025, Helix had approximately $320 million in cash
and $70.5 million in availability under its revolving credit
facility. The company has modest debt amortization until the notes
mature in 2029. The revolver contains covenants that require the
company to maintain a fixed-charge coverage ratio of at least 1.0x
if availability is less than 10% of the borrowing base or $12
million. Fitch views Helix's liquidity as sufficient and
refinancing risk as manageable.
Issuer Profile
Helix is a leading international offshore energy services company
that provides specialty services to the offshore energy industry
with a focus on well intervention, robotics and full-field
decommissioning operations.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
data file which aggregates key data points used in its credit
analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Helix Energy
Solutions Group, Inc. LT IDR BB- Affirmed BB-
senior unsecured LT BB- Affirmed RR4 BB-
HERITAGE COLLEGIATE: Elemental, et al. Lose Bid to Dismiss Lawsuit
------------------------------------------------------------------
Judge Thomas J. Tucker of the United States Bankruptcy Court for
the Eastern District of Michigan denied as moot Elemental Capital,
Inc. and Redstone Advance, Inc.'s partial motion to dismiss the
adversary proceeding captioned as HERITAGE COLLEGIATE APPAREL,
INC., Plaintiff, v. ELEMENTAL CAPITAL, INC., et al., Defendants,
Adv. No. 25-4146 (Bankr. E.D. Mich.).
On Sept. 25, 2025, the Plaintiff filed an amended complaint.
According to the Court, the filing of the amended complaint renders
the Motion moot.
A copy of the Court's Order dated October 3, 2025, is available at
https://urlcurt.com/u?l=KcE10z from PacerMonitor.com.
About Heritage Collegiate Apparel
Heritage Collegiate Apparel, Inc., serves as the official retailer
of the University of Michigan Athletic Department. For more than 20
years, the Debtor has provided a selection of clothing, merchandise
and gifts to the University of Michigan.
Heritage Collegiate Apparel filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Mich. Case No.
24-47922) on Aug. 16, 2024, listing $1 million to $10 million in
assets and $10 million to $50 million in liabilities. The petition
was signed by Scott Hirth as president.
Judge Thomas J. Tucker presides over the case.
Kim K. Hillary, Esq., at Schafer and Weiner, PLLC represents the
Debtor as legal counsel.
On September 3, 2024, the United States Trustee appointed an
official committee of unsecured creditors in this Chapter 11 case.
The committee tapped Wolfson Bolton Kochis PLLC as counsel and
Capstone Partners as financial advisor.
HERITAGE COLLEGIATE: Vault Loses Bid to Dismiss Adversary Case
--------------------------------------------------------------
Judge Thomas J. Tucker of the United States Bankruptcy Court for
the Eastern District of Michigan denied as moot Vault 26 Capital,
LLC's partial motion to dismiss the adversary proceeding captioned
as HERITAGE COLLEGIATE APPAREL, INC., Plaintiff, v. VAULT 26
CAPITAL, LLC, Defendant, Adv. No. 25-4148 (Bankr. E.D. Mich.).
The Motion seeks dismissal of two counts of the Plaintiff's
complaint under Fed. R. Civ. P. 12(b)(6), which applies to this
adversary proceeding under Fed. R. Bankr. P. 7012(b).
On Sept. 22, 2025, the Plaintiff filed an amended complaint.
According to the Court, the filing of the amended complaint renders
the Motion moot.
A copy of the Court's Order dated October 3, 2025, is available at
https://urlcurt.com/u?l=KcE10z from PacerMonitor.com.
About Heritage Collegiate Apparel
Heritage Collegiate Apparel, Inc., serves as the official retailer
of the University of Michigan Athletic Department. For more than 20
years, the Debtor has provided a selection of clothing, merchandise
and gifts to the University of Michigan.
Heritage Collegiate Apparel filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Mich. Case No.
24-47922) on Aug. 16, 2024, listing $1 million to $10 million in
assets and $10 million to $50 million in liabilities. The petition
was signed by Scott Hirth as president.
Judge Thomas J. Tucker presides over the case.
Kim K. Hillary, Esq., at Schafer and Weiner, PLLC represents the
Debtor as legal counsel.
On September 3, 2024, the United States Trustee appointed an
official committee of unsecured creditors in this Chapter 11 case.
The committee tapped Wolfson Bolton Kochis PLLC as counsel and
Capstone Partners as financial advisor.
HERTZ CORP: Court Trims Claims in Stephen "Do Not Rent List" Case
-----------------------------------------------------------------
Judge Nina R. Morrison of the United States District Court for the
Eastern District of New York granted in part and denied in part
Hertz Corporation's motion to dismiss the case captioned as DARYL
STEPHEN, Plaintiff, -against- THRIFTY, LLC; THRIFTY RENT-A-CAR
SYSTEM, LLC; DOLLAR THRIFTY AUTOMOTIVE GROUP, INC.; HERTZ
CORPORATION; JANE DOE; JOHN DOE, Defendants, Case No.
22-cv-03855-NRM-LKE (E.D.N.Y.).
Stephen, proceeding pro se, initiated this action under 42 U.S.C.
Sec. 1981, the New York State Human Rights Law ("NYSHRL"), and N.Y.
General Business Law ("GBL") Sec. 398–b, against Thrifty, LLC;
Thrifty Rent-A-Car System, LLC; Dollar Thrifty Automotive Group,
Inc.; Hertz Corporation; Jane Doe; and John Doe. Plaintiff alleges
that, due to discrimination based on his race, Defendants refused
to rent him a car from their facilities and placed him on a "Do Not
Rent List" that barred him from ever renting cars from Hertz or any
of its subsidiaries and affiliates.
Defendants moved to dismiss Plaintiff's Amended Complaint under
Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing,
inter alia, that Plaintiff's claims should be dismissed due to the
procedural bars of statutes of limitations, collateral estoppel,
and mootness.
On November 28, 2016, Plaintiff arrived at Thrifty Car Rental's
John F. Kennedy airport location after reserving a rental car
online a week prior. When he arrived at the rental counter,
Plaintiff handed his driver's license and credit card to a
non-Black Thrifty employee -- referred to in this action as Jane
Doe -- to complete the rental transaction. After waiting
approximately 45 minutes and asking to speak with a manager,
Plaintiff observed six uniformed Port Authority police officers
enter the building, approach the rental counter, and ask for the
manager. Plaintiff then observed the manager, whom he identifies as
a Caucasian man and refers to in this action as John Doe, emerge
from behind the counter holding Plaintiff's license and credit
card. Plaintiff attempted to communicate with John Doe but was
ignored, and the officers then told Plaintiff that his cards would
not be returned and that he would be held in custody pending an
investigation. The officers handcuffed Plaintiff and held him in
the building's vestibule, asking him various questions to confirm
his personal information, and calling Plaintiff's bank to confirm
he held an account there. After answering the officers' questions,
Plaintiff was released but told he could "never return" to
Thrifty's JFK location, and was only given his license back, not
his credit card.
Plaintiff's Amended Complaint raises eight causes of action. Three
of those causes of action concern the November 28, 2016, incident,
and the other five concern Plaintiff's subsequent placement on the
Do Not Rent List, which he states he learned of on September 30,
2021. The statute of limitations for Plaintiff's Sec. 1981 claims
is three years.
The Court finds Plaintiff's claims arising out of the November 28,
2016, incident are time-barred and must be dismissed. Those claims
accrued on November 28, 2016, and Plaintiff did not initiate this
action until June 29, 2022, roughly five and a half years later.
Thus, his lawsuit was filed after the statutes of limitations for
both his claims under Sec. 1981 (three years) and NYSHRL (three
years) had run. Accordingly, the Court dismisses as time-barred the
first, third, and sixth causes of action of Plaintiff's Amended
Complaint.
By contrast, Plaintiff's claims arising from his placement on the
Do Not Rent List fall within the required statutes of limitations,
as they did not accrue until September 30, 2021, when Plaintiff
learned of his placement on the list. Accordingly, Plaintiff's
claims related to his placement on the Do Not Rent List -- the
second, fourth, fifth, seventh and eighth causes of action in his
Amended Complaint -- are not time-barred and survive Defendants'
motion to dismiss.
A copy of the Court's Memorandum and Order is available at
https://urlcurt.com/u?l=nkmOIC from PacerMonitor.com.
About Hertz Corp.
Hertz Corp. and its subsidiaries -- http://www.hertz.com/--
operate a worldwide vehicle rental business under the Hertz,
Dollar, and Thrifty brands, with car rental locations in North
America, Europe, Latin America, Africa, Asia, Australia, the
Caribbean, the Middle East, and New Zealand. They also operate a
vehicle leasing and fleet management solutions business.
On May 22, 2020, The Hertz Corporation and certain of its U.S. and
Canadian subsidiaries and affiliates filed voluntary petitions for
reorganization under Chapter 11 in the U.S. Bankruptcy Court for
the District of Delaware (Bankr. D. Del. Case No. 20-11218).
Judge Mary F. Walrath oversees the cases.
The Debtors tapped White & Case LLP as their bankruptcy counsel,
Richards, Layton & Finger, P.A., as local counsel, Moelis & Co. as
investment banker, and FTI Consulting as financial advisor. The
Debtors also retained the services of Boston Consulting Group to
assist the Debtors in the development of their business plan.
Prime Clerk LLC is the claims agent.
The U.S. Trustee for Regions 3 and 9 appointed a Committee to
represent unsecured creditors in Debtors' Chapter 11 cases. The
Committee has tapped Kramer Levin Naftalis & Frankel LLP as its
bankruptcy counsel, Benesch Friedlander Coplan & Aronoff LLP as
Delaware counsel, UBS Securities LLC as investment banker, and
Berkeley Research Group, LLC, as financial advisor. Ernst & Young
LLP provides audit and tax services to the Committee.
* * *
Hertz Global and its subsidiaries emerged from Chapter 11
bankruptcy at the end of June 2021. Hertz won approval of a Plan of
Reorganization that unimpaired all classes of creditors (who are
legally deemed to have accepted it) and was approved by more than
97% of voting shareholders. The Plan provided for the existing
shareholders to receive more than $1 billion of value.
Recovery by shareholders of close to $8 a share was made possible
after a fierce competition among bidders for control in the
company. Initial offers from potential bidders for Hertz in its
bankruptcy offered nothing for equity. Hertz in May 2021 selected
investment firms Knighthead Capital Management LLC and Certares
Management LLC, joined by other investors including Apollo Global
Management Inc. and a group of existing shareholders, as the
winning bidders for control of the bankrupt company. A rival group
that included Centerbridge Partners LP, Warburg Pincus LLC and
Dundon Capital Partners LLC was outbid at auction.
Hertz's Plan eliminated over $5 billion of debt, including all of
Hertz Europe's corporate debt, and will provide more than $2.2
billion of global liquidity to the reorganized Company. Hertz also
emerged with (i) a new $2.8 billion exit credit facility consisting
of at least $1.3 billion of term loans and a revolving loan
facility, and (ii) an $7 billion of asset-backed vehicle financing
facility, each on favorable terms.
HOUSTON THERAPY: Seeks Subchapter V Bankruptcy in Mississippi
-------------------------------------------------------------
On October 2, 2025, Houston Therapy Inc. filed Chapter 11
protection in the Southern District of Mississippi. According to
court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will be available to unsecured creditors.
About Houston Therapy Inc.
Houston Therapy Inc. provides home health care services through a
team of licensed professionals, offering physical therapy and
related treatments to patients in their residences. Based in
Poplarville, Mississippi, the Company operates within the home
health agency sector, serving local communities in the surrounding
region. It is owned and managed by Marcus Houston, a licensed
physical therapist.
Houston Therapy Inc.sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Miss. Case No. 25-51478)
on October 2, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Katharine M. Samson handles the case.
The Debtor is represented by Nicholas Grillo, Esq. of GRILLO LAW
FIRM.
HUDSON CRUISES: Seeks Chapter 7 Bankruptcy in New York
------------------------------------------------------
On October 7, 2025, Hudson Cruises Inc. voluntarily filed for
Chapter 7 bankruptcy protection in the Northern District of New
York. The filing discloses liabilities within the
$100,001–$1,000,000 range, with a reported creditor count of 1 to
49.
About Hudson Cruises Inc.
Hudson Cruises Inc. is a provider of river tours and events.
Hudson Cruises Inc. sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-11161) on October 1,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,001 and $1 million each.
The Debtor is represented by Jonathan D. Warner, Esq. of Warner &
Warner, PLLC.
HUNTERSTOWN GENERATION: S&P Affirms BB- Rating on Sec. Term Loan B
------------------------------------------------------------------
S&P Global Ratings affirmed its 'BB-' rating, with a '2 (70%)'
recovery rating, on Hunterstown Generation LLC's (Hunterstown) $615
million senior secured term loan B (TLB).
The '2' recovery rating indicates S&P's expectation for substantial
recovery in a hypothetical default scenario.
S&P said, "The stable outlook reflects our expectation of strong
debt service coverage (DSC) during the TLB period, given our view
of power demand growth in future years and recently cleared
elevated capacity prices in the PJM Interconnection (PJM). During
the TLB period, we expect DSCRs above 2.00x, falling to a minimum
of about 1.41x when a fully amortizing debt structure is assumed
after refinancing. We expect about $305 million TLB outstanding at
maturity."
Hunterstown Generating Station is an 863-megawatt (MW)
combined-cycle gas-fired power plant in the Metropolitan Edison Co.
region of the Western Mid-Atlantic Area Council (MAAC) zone of PJM.
The project became operational in 2003. LS Power purchased
Hunterstown in July 2024 from Platinum Equity Capital Partners IV
L.P.
S&P said, "Although DSCRs are depressed by the incremental debt, we
anticipate they will be commensurate with the current rating.
Despite the additional debt of $65 million, we now expect a minimum
DSCR of 1.41x. The project will pay down approximately $33 million
of its existing debt by October 2025, about one year after the
initial issuance. Given the strong capacity market and our
expectation of higher debt paydown as a result, we anticipate that
the project's debt paydown will remain robust during the TLB
period. Our anticipated TLB outstanding at maturity is $305 million
with the incremental debt, compared with our previous forecast of
$280 million. Post-refinancing, due to higher debt at maturity, the
minimum and median DSCRs are now 1.41x. We continue to view this
level of DSCR as commensurate with the current rating.
"The stable outlook reflects our expectation of strong debt service
coverage during the TLB period given our view of power demand
growth in future years and recently cleared elevated capacity
prices in PJM. During the TLB period, we expect DSCRs above 2.00x,
falling to a minimum of about 1.41x when a fully amortizing debt
structure is assumed after refinancing. We expect about $305
million TLB outstanding at maturity."
S&P could lower its ratings on Hunterstown if the minimum DSCR
falls below 1.35x on a sustained basis. This could be a result of:
-- A material decrease in power prices, capacity prices, or energy
spreads;
-- Unplanned outages substantially affecting generation;
-- Economic factors causing the power plant to dispatch materially
less than S&P's base-case expectation; or
-- Debt paydown substantially lower than S&P expects, leading to a
higher-than-expected debt balance at maturity.
Although unlikely in the near term due to the single-asset nature
of the project, S&P could raise the rating if:
-- S&P expects Hunterstown will maintain a minimum DSCR of at
least 1.80x in all years, including the post refinancing period;
and
-- S&P has a qualitative view that it could rate the project above
'BB-' given the inherent power price volatility, operational and
refinancing risk associated with single assets, and refinancing
risk.
S&P would expect such outcomes to materialize if the project's
financial performance and debt repayment well exceed its forecast
on a sustained basis. This could be due to factors such as improved
energy margins, higher dispatch, and substantially improved
capacity pricing, leading to lower-than-expected debt outstanding
at TLB maturity, as well as a track record of decreasing debt per
kilowatt (kW).
HYPERION DEFI: Board Member Michael Rowe Steps Down
---------------------------------------------------
Hyperion DeFi, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that Michael Rowe, a member
of the Board of Directors submitted his resignation from the
Board.
About Hyperion DeFi Inc.
Hyperion DeFi, Inc. formerly known as Eyenovia, Inc., is the first
U.S. publicly listed company building a long-term strategic
treasury of Hyperliquid's native token, HYPE. The Company is
focused on providing its shareholders with simplified access to the
Hyperliquid ecosystem, one of the fastest growing, highest
revenue-generating blockchains in the world.
New York, N.Y.-based Marcum LLP, the Eyenovia's auditor since 2020,
issued a "going concern" qualification in its report dated April
15, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
As of June 30, 2025, the Company had $55.66 million in total
assets, against $18.30 million in total liabilities.
ICG US 2022-1: S&P Assigns BB- (sf) Rating on Class E-R Notes
-------------------------------------------------------------
S&P Global Ratings assigned its ratings to the replacement class
A-R loan and class A-R, B-R, C-R, D-R, and E-R debt and proposed
new class X debt from ICG US CLO 2022-1(i) Ltd./ICG US CLO
2022-1(i) LLC, a CLO managed by ICG Debt Advisors LLC that was
originally issued in June 2022. At the same time, S&P withdrew its
ratings on the previous class A loan and class A1, AF, B1, BF, C,
D1, DJ, and E debt following payment in full on the Oct. 7, 2025,
refinancing date.
The replacement debt was issued via a proposed supplemental
indenture, which outlines the terms of the replacement debt.
According to the supplemental indenture:
-- The non-call period was extended to Oct. 20, 2027.
-- The reinvestment period was extended to Oct. 20, 2030.
-- The legal final maturity dates for the replacement debt and the
subordinated notes were extended to Oct. 20, 2038.
-- There will be no additional effective date or ramp-up period,
and the first payment date following the refinancing is Jan. 20,
2026.
-- Additional subordinated notes were issued on the refinancing
date.
-- New class X debt, which was issued in connection with this
refinancing, is expected to be paid down using interest proceeds
during the first 20 payment dates, beginning with the January 2026
payment date.
-- The required minimum overcollateralization ratios were
amended.
S&P said, "Our review of this transaction included a cash flow
analysis, based on the portfolio and transaction data in the
trustee report, to estimate future performance. In line with our
criteria, our cash flow scenarios applied forward-looking
assumptions on the expected timing and pattern of defaults and the
recoveries upon default under various interest rate and
macroeconomic scenarios. Our analysis also considered the
transaction's ability to pay timely interest and/or ultimate
principal to each of the rated tranches.
"We will continue to review whether, in our view, the ratings
assigned to the debt remain consistent with the credit enhancement
available to support them and take rating actions as we deem
necessary."
Ratings Assigned
ICG US CLO 2022-1(i) Ltd./ICG US CLO 2022-1(i) LLC
Class X, $3.00 million: AAA (sf)
Class A-R, $111.00 million: AAA (sf)
Class A-R loan, $75.00 million: AAA (sf)
Class B-R, $42.00 million: AA (sf)
Class C-R (deferrable), $18.00 million: A (sf)
Class D-R (deferrable), $15.00 million: BBB (sf)
Class E-R (deferrable), $13.50 million: BB- (sf)
Ratings Withdrawn
ICG US CLO 2022-1(i) Ltd./ICG US CLO 2022-1(i) LLC
Class A1 to NR from 'AAA (sf)'
Class A loans to NR from 'AAA (sf)'
Class AF to NR from 'AAA (sf)'
Class B1 to NR from 'AA (sf)'
Class BF to NR from 'AA (sf)'
Class C to NR from 'A (sf)'
Class D1 to NR from 'BBB (sf)'
Class DJ to NR from 'BBB- (sf)'
Class E to NR from 'BB- (sf)'
Other Debt
ICG US CLO 2022-1(i) Ltd./ICG US CLO 2022-1(i) LLC
Subordinated notes(i), $37.80 million: NR
(i)The final subordinated note balance (including additional
issuance on the refinancing date) will be $37,800,000.
NR--Not rated.
ICORECONNECT INC: Gets Final Approval to Use Cash Collateral
------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division issued a final order authorizing iCoreConnect Inc.
and iCore Midco Inc. to use cash collateral and granting adequate
protection to secured creditors.
All prior interim orders granting the Debtors' bid to use cash
collateral are deemed final.
As of the petition date, the Debtors' cash collateral was comprised
of accounts receivable in the amount of approximately $650,000.
The Debtors' pre-bankruptcy secured lenders are Element SaaS
Finance (USA), LLC and PIGI Solutions, LLC. Element and PIGI claim
that they are owed approximately $1.85 million and $2.5 million,
respectively, as of the petition date.
Pursuant to a 2023 subordination agreement, PIGI subordinated its
secured claims to those of Element, making Element the senior
creditor.
About Lake County Hospitality
Lake County Hospitality, LLC operates in the hotel and lodging
sector and is associated with properties in Illinois. It manages
hospitality assets and has been linked to hotels such as Four
Points by Sheraton in Buffalo Grove.
Lake County Hospitality sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-08293) on May 30,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Timothy A. Barnes handles the case.
Amy Denton Mayer, Esq., at Stichter Riedel Blain & Postler, P.A. is
the Debtor's legal counsel.
Element SaaS Finance (USA), LLC, as secured creditor, is
represented by:
Ernest H. Kohlmyer, III, Esq.
Zimmerman, Kiser & Sutcliffe, P.A.
315 E Robinson Street, Suite 600
Orlando, FL 32802
Telephone: (407) 425-7010
Facsimile: (407) 425-2747
IF YOU PLEASE: Michael Carmel Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 14 appointed Michael Carmel of Michael
Carmel, Ltd. as Subchapter V trustee for If You Please LLC.
Mr. Carmel will be paid an hourly fee of $550 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Carmel declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Michael W. Carmel
Michael W. Carmel, Ltd.
80 E. Columbus Ave
Phoenix, AZ 85012-4965
Phone: 602-264-4965
Fax: 602-277-0144
Email: michael@mcarmellaw.com
About If You Please LLC
If You Please LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. D. Ariz. Case No. 25-09405) on
October 02, 2025, with $100,001 to $500,000 in assets and
$1,000,001 to $10 million in liabilities.
Judge Daniel P. Collins presides over the case.
Ronald J. Ellett, Esq. at Ellett Law Offices, P.C. represents the
Debtor as bankruptcy counsel.
IMPACT STAFFING: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Impact Staffing Solutions, LLC
407 S Pioneer Way
Moses Lake WA 98837
Case No.: 25-01726
Business Description: Impact Staffing Solutions provides workforce
and employment placement services across the
Pacific Northwest, linking businesses with
qualified candidates for seasonal,
temporary, temp-to-hire, and direct-hire
roles. The Company operates through five
regional offices and serves a broad range of
industries. It focuses on supporting
workforce growth through integrity,
transparency, and long-term relationships
between employers and job seekers.
Chapter 11 Petition Date: September 30, 2025
Court: United States Bankruptcy Court
Eastern District of Washington
Judge: Hon. Frederick P Corbit
Debtor's Counsel: Geoff Groshong, Esq.
GROSHONG LAW PLLC
600 Stewart St Ste 1300
Seattle WA 98101
Tel: 206-508-0585
Email: geoff@groshonglaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Jessica Lustig as member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/L2CHJAI/Impact_Staffing_Solutions_LLC__waebke-25-01726__0001.0.pdf?mcid=tGE4TAMA
INDUSTRIAL HOLDCO: S&P Assigns 'B' ICR, Outlook Stable
------------------------------------------------------
S&P Global Ratings assigned its 'B' issuer credit rating to
Industrial Holdco L.P. (dba Barnes Industrial).
At the same time, S&P assigned its 'B' issue-level rating to the
company's proposed first-lien credit facility. The recovery rating
is '3', indicating our expectation for meaningful (50%-70%; rounded
estimate: 65%) recovery for lenders.
S&P said, "The stable outlook reflects our forecast for Barnes
Industrial's S&P Global Ratings-adjusted leverage in the high-5x in
2025, pro forma for the capitalization transaction, and expectation
for lower operational costs and cost savings initiatives to grow
EBITDA modestly over the next 12 months."
Funds managed by Apollo Global Management, Inc. ("Apollo") are
separating the Industrial segment from Goat Holdco LLC (dba Barnes
Group) through a new entity, Industrial Holdco L.P. (dba Barnes
Industrial).
Apollo plans to capitalize Barnes Industrial through a proposed
$425 million term loan B, $125 million revolving credit facility
(undrawn at close), and $75 million of cash funded to its balance
sheet. Barnes Industrial will remain under Apollo's ownership
following the separation.
S&P said, "We assess the company's business as having limited scale
within highly competitive industries and potential volatility of
profitability, notwithstanding its good position in key served
markets and a highly variable cost structure.
"Pro forma for the separation and related financing, we forecast
S&P Global Ratings-adjusted leverage to be in the high-5x area by
the end of 2025, improving in 2026 on net cost savings.
Nevertheless, we consider this level of leverage to be high given
our view of the company's business.
"We forecast Barnes Industrial's S&P Global Ratings-adjusted
leverage will improve to the low-4x area in 2026. We expect
significant year-over-year EBITDA margin expansion (about 430 basis
points) amid tepid revenue growth, will drive higher EBITDA and
reduce Barnes Industrial's leverage to 4.1x by the end of 2026,
from 5.7x in 2025 following transaction close. This is driven by
our assumptions for the realization of net cost savings from cost
out actions taken in 2025 and 2026 and a favorable comparison to
2025, which included elevated order fulfillment costs and a limited
number of customer rebates incurred in the first half of 2025 that
we believe are not likely to recur.
"Our forecast also assumes modestly higher volumes in 2026 in the
company's molding solutions segment (65% of revenue), supported by
growth in medical and personal care end markets, which we assume
will offset demand headwinds in the automotive end market. This is
supported by S&P Global Ratings' economic forecast for
low-single-digit percent real GDP growth across the geographies
that Barnes Industrial serves.
"We believe, however, there are risks to our forecast primarily
around the execution of the company's cost-savings plan. Although
we assume Barnes Industrial will realize a large portion of its
anticipated cost savings over the next two years, we believe some
initiatives may take longer or be more difficult to realize. For
example, procurement savings often require contract negotiations
with various third parties and may be affected by the timing of
contract renewals, tariff policies, or other considerations that
carry uncertainty and fall outside management's control."
Barnes Industrial derives a majority of its revenue and EBITDA from
the highly competitive molding solutions market. The company
operates in highly fragmented industries across its three segments.
While it holds a leading or significant market position in many of
its served markets (such as medical applications of its hot runners
and molds), it has intense competition from peers Mold Masters (a
Hillenbrand Inc. company) and Husky Technologies Ltd.), as well as
competition from many smaller players in its Force and Motion
Control and Automation segments.
S&P said, "These competitive factors contribute to EBITDA margin
generally in line with the average margin for rated capital goods
manufacturers (when measured on a pro forma basis inclusive of our
assumption for realization of value creation benefits). Moreover,
the company has a relatively small scale compared with some
industry peers and many capital goods manufacturers more broadly.
In our view, this small revenue and EBITDA base exposes the company
to potentially greater volatility in credit metrics.
"Barnes Industrial benefits from barriers to entry, a high
proportion of recurring revenue, and cost structure flexibility. We
view the highly engineered nature of the company's products and
high cost of failure to its customers as providing good protection
to Barnes Industrial and other incumbents from new entrants and
smaller competitors seeking to take share. Some molding solutions
applications--such as medical, personal care, and packaging (about
half of molding solutions revenue)--require strict compliance with
FDA regulations, which creates a competitive advantage for
incumbent manufacturers by raising customers' switching costs."
Further, the company differentiates itself from new entrants and
peers given its sizable number of patents and other intellectual
property. It also customizes solutions for specific applications
and customers and seeks to include its specific designs and
products into its customers' operational plans to protect
aftermarket revenue and margin opportunities.
S&P said, "Barnes Industrial derives a high percent of revenue from
sales of consumable products. In addition, we recognize there may
be a stable base of demand that generally results from the company
having a large installed customer base. Moreover, its cost
structure--over 60% of which is variable in nature--should mitigate
some of the potential volatility of profitability that we expect
given its small scale in highly competitive markets.
"We forecast positive and increasing free operating cash flow
(FOCF) beginning in 2026 following an outflow in 2025. We assume
negative FOCF in 2025 due to substantial cash outlays to support
Apollo's initial take-private transaction of Goat Holdco, in
addition to cash outlays for transaction-related fees and expenses
related to the proposed separation from Goat Holdco, growth
investments, and cost savings initiatives. We assume the expected
level of cash on hand following transaction close will be
sufficient to absorb cash flow deficits in 2025.
"We expect working capital will be a moderate use of cash through
2026 to fund revenue growth and forecast capital expenditures
(capex) will moderate from elevated levels after 2026 as the
company completes cost out actions. We do not incorporate possible
acquisitions or shareholder rewards in our base case.
"The stable outlook reflects our forecast for S&P Global
Ratings-adjusted leverage in the high-5x in 2025, pro forma for the
capitalization transaction. The outlook also reflects our
assumption for net cost savings to drive operational improvement
and modest EBITDA growth over the next 12 months.
"We could lower our ratings if Barnes Industrial sustains S&P
Global Ratings-adjusted leverage above 6.5x or FOCF is negligible
or modestly negative as a stand-alone entity." This could occur
if:
-- The company incurs greater standalone costs or realizes less
net cost savings than we forecast, and as a result, is unable to
grow EBITDA to a level that accommodates its significant debt
obligations;
-- Demand for the company's products declines and pressures
profitability; or
-- The company pursues a more aggressive financial policy,
including debt-funded acquisitions or shareholder returns.
While unlikely in the near term, S&P could raise its ratings if:
-- The company sustains S&P Global Ratings-adjusted leverage below
5x;
-- Financial policy decisions support maintaining leverage below
this level, including potential acquisitions and shareholder
rewards; and
-- It maintains consistently positive FOCF as a stand-alone
entity.
INNOPHOS HOLDINGS: Moody's Cuts CFR to B3 & Alters Outlook to Neg.
------------------------------------------------------------------
Moody's Ratings downgraded Innophos Holdings, Inc.'s Corporate
Family Rating to B3 from B2, its Probability of Default Rating to
B3-PD from B2-PD, the rating on its $420.2 million senior secured
first lien term loan to B2 from B1. The Caa1 rating on its 11.5%
backed second lien senior secured notes was affirmed.
The Caa1 ratings on Innophos's senior unsecured notes due 2028, and
the PIK toggle senior unsecured notes of Iris Holdings, Inc., have
been withdrawn.
Innophos's ratings outlook has been revised to negative from
stable. The stable outlook for Iris Holdings, Inc. has been
withdrawn.
Governance considerations under Moody's ESG framework, including
Management Credibility & Track Record, are a key driver of the
rating action, as the earnings and cash flow impact of the
company's ongoing plant refurbishment has been greater than
management's prior expectations.
RATINGS RATIONALE
The downgrade of Innophos's CFR to B3, along with revision of the
outlook to negative to reflects: (1) weaker than expected
performance in 2025, resulting from weaker demand and higher than
expected costs resulting from ongoing rebuild of its sulfuric acid
plant, requiring external purchases, and (2) significantly weaker
than expected liquidity, driven by weaker earnings and higher
capex, with Moody's expectations for 2025 free cash flow to be a
use of around $60 million, compared to Moody's prior expectation
for modestly positive free cash flow, which results in increased
draws on the ABL credit facility.
As a result of these developments, Innophos's leverage is expected
to be around 7.6x at year-end 2025, with total liquidity of around
$70 million. While Moody's expects some improvement in EBITDA over
the next 12-18 months, which should bring leverage to around 6.5x
by year-end 2026, Moody's expects 2026 free cash flow to be
modestly negative, which would imply continued pressure on the
company's liquidity. That said, the company does not have any
near-term maturities, with the nearest maturity in December 2028.
Innophos's B3 CFR is supported by its market position in specialty
phosphates, exposure to a number of more stable end markets and
backward integration into phosphoric acid, which meaningfully
improves margins except in a downturn. The rating is constrained by
an elevated level of balance sheet debt and weak credit metrics.
The rating also reflects limited organic growth, small scale,
narrow product portfolio and concentration in North America.
Innophos' ratings also consider the company's competitive position
in higher growth end markets where it is looking to expand, such as
natural ingredients and enzymes. In these markets, it competes with
much larger companies such as Kerry Group Plc (Baa1 stable) and
Givaudan SA (Baa1 stable) with greater financial flexibility and
more diverse product offerings. The ratings also consider its
private equity ownership, which has previously increased debt to
fund shareholder distributions.
Innophos has adequate liquidity. At June 30, 2025, the company had
a cash balance of $27.9 million, and $80 million available under
its $175 million ABL credit facility, subject to a borrowing base,
for total liquidity of $108 million. Moody's expects significant
cash usage in 2H 2025 as a result of elevated capex, with total
liquidity declining to around $70 million at year-end 2025. Even
with some improvement in EBITDA in 2026, Moody's expects free cash
flow to be modestly negative, resulting in total liquidity of
around $60 million at year-end 2026. The ABL facility has a
springing covenant when availability falls below the greater of 10%
of the borrowing base or $10 million. Moody's do not expect this
covenant to be tested over the next 12 months. The first lien term
loan does not have any maintenance covenants.
The B2 rating on the first lien term loan reflects its senior
position in the capital structure with a first lien on assets that
are not part of the asset backed lending ("ABL") facility and a
second lien on assets that are part of the ABL facility. The Caa1
rating on the second lien notes reflects their subordinated
position in the capital structure relative to the ABL and term
loan.
The negative outlook reflects the uncertainty around the company's
liquidity, in the context of the company's sizable interest expense
burden.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Although it is unlikely given the negative outlook, Moody's could
consider an upgrade if adjusted leverage is sustained above 6.5x,
the company consistently generates positive free cash flow,
resulting in improved liquidity, and the private equity sponsor is
committed to not taking additional cash dividends that increase
balance sheet debt.
Moody's could consider a downgrade if free cash flow remains
negative for a sustained period of time, a substantial
deterioration in liquidity occurs, or if the company makes a
significant debt-financed acquisition or dividend to the sponsor.
Headquartered in Cranbury, New Jersey, Innophos Holdings, Inc. is a
producer of specialty phosphate salts, acids, ingredients and
related products used by food and beverage, pharmaceutical,
industrial and agricultural end markets. The company also offers
enzyme and mineral based nutritional ingredients. Innophos was
acquired by private-equity sponsor One Rock Capital Partners, LLC
for $932 million. The company generates annual revenues of roughly
$900 million.
The principal methodology used in these ratings was Chemicals
published in October 2023.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
INTEGRAL LEAPS: Case Summary & One Unsecured Creditor
-----------------------------------------------------
Debtor: Integral Leaps Inc.
74-710 Highway 111, Suite 102
Palm Desert, CA 92260
Business Description: Integral Leaps Inc. is a real estate lessor
with principal assets situated at 643 E 47th
St., Los Angeles, California 90011.
Chapter 11 Petition Date: October 7, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-17207
Judge: Hon. Magdalena Reyes Bordeaux
Debtor's Counsel: Thomas B. Ure, Esq.
URE LAW FIRM
8280 Florence Avenue, Suite 200
Downey, CA 90240
Tel: 213-202-6070
Fax: 213-202-6075
Email: tom@urelawfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Romulous Rodriguez as president.
The Debtor listed Bank of America, P.O. Box 660861, Dallas, TX
75266-0861, as its only unsecured creditor, holding a $4,900 claim
related to credit card transactions.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/UUHYQIQ/Integral_Leaps_Inc__cacbke-25-17207__0001.0.pdf?mcid=tGE4TAMA
INTEGRAL LEAPS: Seeks Chapter 11 Bankruptcy in California
---------------------------------------------------------
On October 7, 2025, Integral Leaps Inc. sought Chapter 11
bankruptcy protection in the Central District of California. The
petition was filed voluntarily by the company. Documents submitted
to the court show liabilities estimated between $1 million and $10
million. The company also disclosed having 1 to 49 creditors.
About Integral Leaps Inc.
Integral Leaps Inc. is a real estate company.
Integral Leaps Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-17207) on October 7,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Magdalena Reyes Bordeaux handles the
case.
The Debtor is represented by Thomas B. Ure, Esq., of Ure Law Firm.
IPS CORP: S&P Affirms 'B-' Issuer Credit Rating, Outlook Stable
---------------------------------------------------------------
S&P Global Ratings affirmed its 'B-' issuer credit rating on IPS
Corp. S&P assigned a 'B-' issue-level credit rating and '4'
recovery rating (rounded estimate: 45%) to the first-lien term loan
and delayed draw term loan. S&P also assigned its 'CCC' issue-level
credit rating and '6' recovery rating (rounded estimate: 0%) to the
second-lien term loan.
The stable outlook indicates S&P's expectation that debt leverage
will remain high at about 7x-8x in 2025 and 2026, although it
expects sound business performance and earnings to mitigate some of
this impact from higher debt levels.
IPS Corp. plans to pay a $180 million dividend to its financial
sponsor, Centerbridge Partners, using new debt.
The company will use the proceeds of its proposed $810 million
first-lien term loan due 2032, $100 million first-lien delayed draw
term loan due 2032, and $160 million second-lien term loan due 2033
to refinance its existing term loan and fund the sponsor dividend.
The transaction increases leverage above S&P's prior expectations
but remains within the expected parameters of the rating.
IPS' dividend recap will increase leverage back to our 7x-8x
tolerance for the rating. IPS plans to fund a $180 million dividend
and refinance $764 million of existing debt with the proposed
issuance. For the trailing-12-months ended June 30, 2025, S&P
Global Ratings-adjusted leverage was 5.7x, compared with 6.3x for
the same period in the prior year. S&P said, "This dividend recap
will increase leverage to about 7.9x, which is still in line with
our prior expectations and stable outlook parameters of 7x-8x.
Nonetheless, we expect improving business growth could contribute
to S&P Global Ratings-adjusted leverage declining to the lower end
of our the 7x-8x tolerance in 2026."
S&P said, "We believe the company's ability to improve
profitability, even during softer business conditions, demonstrates
brand strength and operating efficiencies. We expect IPS' revenue
for 2025 and 2026 to grow 5%-7%, driven by continued
low-single-digit volume growth across all the segments and
sustained favorable price realizations. We believe IPS primarily
derives its pricing power from strong customer loyalty for its
Weld-On brand for solvent cements and adhesives products. At the
same time, the negligible proportion of a construction project's
overall cost that IPS' products account for and the high cost
associated with the failure of a project leads to IPS' greater
customer stickiness. We also believe the company's strategic
initiatives around cost controls should further support
profitability, such that recent improvement in margins can be
largely maintained. As such, we expect S&P Global
Ratings-adjusted-EBITDA margins in the 24%-26% range in 2025 and
2026.
"We believe IPS' earnings and cash flows could be susceptible to
business and housing cycle volatility. This is due to its limited
scale, product breadth, and exposure to cyclical construction end
markets. We believe smaller, less diversified companies are more
exposed to cyclicality during periods of economic stress. IPS'
small size (annual revenue of about $500 million-$600 million) and
concentration (few subproduct categories), compared with other
larger and more diversified building materials peers, pose some
credit risks. Also, the company derives about 60% of its revenue
from cyclical new construction end markets in the U.S. and
internationally. This is higher than that of most peers, which tend
to be more exposed to the relatively stable repair and remodeling
markets. We believe these factors could make IPS more vulnerable
during a downturn. Nonetheless, we recognize the company's
geographic footprint across regions could provide some
diversification benefits
"The stable rating outlook on IPS reflects our expectation of S&P
Global Ratings-adjusted leverage of about 7x-8x and EBITDA interest
coverage of at least 1.5x, through most market conditions and
financial policy actions."
S&P may lower its ratings over the next 12 months if:
-- S&P views the capital structure as unsustainable, exhibited by
S&P Global Ratings-adjusted leverage deteriorating toward 10x,
EBITDA interest coverage trending lower than 1x, or free cash flow
turning negative. This scenario could materialize if demand for the
company's slows down drastically or higher-than-expected input
prices that could not be passed on compress margins to under 20%;
-- Liquidity weakens because of tighter covenant headroom; or
-- The company maintains an aggressive financial policy--for
instance, using debt to fund distributions or acquisitions--keeping
leverage elevated.
Although less likely, S&P could raise the rating over the next 12
months if the company outperforms our base-case scenario, resulting
in S&P Global Ratings-adjusted leverage below 6x, and S&P believes
the financial sponsors are committed to maintaining it at this
level.
J2KE INC: Seeks to Sell Coffee Franchise at Auction
---------------------------------------------------
J2KE Inc. seeks approval from the U.S. Bankruptcy Court for the
Northern District of Texas, Fort Worth Division, to sell Property
at auction, free and clear of liens, claims, interests, and
encumbrances.
The Debtor operates a Scooter's Coffee franchise located at 2137 W.
Washington St., Stephenville, Texas 76401.
Due to the rapidly rising costs of food products, the Debtor was
forced to seek protection under the Bankruptcy Code.
Prior to the Petition Date, the Debtor contacted several Scooter's
Coffee franchisees in Texas to gauge the prospect of selling the
Debtor’s Assets.
On August 27, 2025, the Debtor received a letter of intent from
Taylor G. Fichtner and Taylor B. Fichtner and an entity to be
formed by them. The Debtor received no other offers from any other
potential buyers to serve as the stalking horse bidder in the
purchase of the Debtor's Assets.
The letter of intent from the Proposed Buyer (LOI) provides that
the Proposed Buyer will purchase and acquire the Debtor's Assets
pursuant to sections 363 and 365. The LOI requests that certain bid
protections be included as a result of it being chosen as the
stalking horse, which respective counsel to the Debtor and lender
have considered and negotiated.
The Debtor seeks authority to auction and sell the following assets
of the Debtor, including without limitation, the Debtor's
inventory, fixtures, equipment, furniture, signage, POS systems and
software relating to the Scooter's Coffee branded franchise
location currently operated by the Debtor and the assignment of all
rights of the Debtor under all licenses, permits, and material
agreements necessary for the Debtor to legally operate its business
as currently conducted from the Premises, including that certain
franchise agreement between the Debtor and Scooter's Coffee, LLC
and that certain unexpired nonresidential lease and associated
buildout improvements (to the extent not included in the sale as a
fixture) for the premises located at 2137 W. Washington St.,
Stephenville, Texas 76401.
In order to maximize the value of the Assets, the Debtor seeks to
implement a competitive bidding process for the sale of the
Debtor's Assets.
In order to accomplish such a process and maximize the value to the
Debtor's bankruptcy estate, the Proposed Buyer has agreed to become
the Stalking Horse Bidder. Except as expressly provided, the Bid
Procedures cannot be amended or modified without the express
written consent of the Proposed Buyer.
Among other things, the Bid Procedures require that a bid must: (1)
include cash or substantially equivalent consideration that is in
an amount not less than $115,000.00 (the Minimum Topping Amount)
and include a Good Faith Deposit of $10,000.00.
The Debtor further believes that the Bid Procedures provide an
appropriate framework for selling the Assets in a uniform fashion
and will enable the Debtor to review, analyze, and compare all bids
received to determine which bid(s) are in the best interests of the
Debtor, its estate, and creditors. The Bid of any bidder failing to
comply with the Bidding Procedures will not be accepted without the
Debtor's consent and Scooter's consent with respect to Coffee
franchisees in Texas.
If a Qualified Bid in addition to the Stalking Horse Bid is
received prior to the Bid Deadline, the Debtor proposes to hold an
auction on December 3, 2025 at 2:00 p.m. (CST) at the offices of
Tittle Law Firm, PLLC, 1125 Legacy Drive, Ste. 230, Frisco, Texas
75034 and via virtual platform such as Zoom, or such other
location, date and time as may be determined by the Court and
entered in the Bid Procedures Order.
If no Qualified Bid other than the Stalking Horse Bid is timely
received, the Debtor will not conduct an Auction and instead may
present the Stalking Horse Bid to the Court for approval at the
Approval Hearing.
If there is a Bidder that submits a Qualified Bid other than the
Stalking Horse Bid, the Debtor will accept bids on account of the
Assets. Bidding will continue with respect to the Auction until the
Debtor determines that is received the highest and best bid for the
Assets.
On or before October 22, 2025, the Debtor will immediately serve
notice of the Auction and Approval Hearing by first class mail.
Bidders will be required to submit good faith deposits with the
Debtor on or before November 21, 2025, at 5:00 p.m. CST). Such Good
Faith Deposit shall be equal to $10,000.00. Good Faith Deposits of
all Bidders shall be held in Debtor's counsel's IOLTA Trust Account
for the Debtor's benefit until
the consummation of a transaction involving any other bidder for
the Assets.
The Debtor believes that to establish a floor price for the Assets
and the terms of the sale, the Debtor will work from the terms of
the Asset Purchase Agreement (APA) entered into with the Proposed
Buyer, as the Stalking Horse Bid.
Consistent with that belief, the Debtor believes that it is in the
best interest of the estate to pay the Proposed Buyer a Break-up
Fee, plus the Expense Reimbursement, in the event that the Proposed
Buyer is ultimately outbid at the Auction.
In connection with the sale, the Debtor is seeking authorization to
pay the Break Up Fee and Expense Reimbursement if the Proposed
Buyer is not the Successful Bidder and the Debtor closes a
transaction with a Successful Bidder other than the Proposed Buyer.
The Break-Up Fee will enable the Debtor to secure the Proposed
Buyer's bid, which will set an adequate floor for the Auction and,
thus, insist that competing bids be materially higher or otherwise
better than the Proposed Buyer's Bid, a clear benefit to the
Debtor's bankruptcy estate.
About J2KE Inc.
J2KE Inc. operates a Scooter's Coffee franchise located at 2137 W.
Washington St., Stephenville, Texas 76401.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-42129-elm11) on June
11, 2025. In the petition signed by Kelly Dortch, member, the
Debtor disclosed up to $500,000 in assets and up to $1 million in
liabilities.
Brandon Tittle, Esq., at Tittle Law Firm, PLLC, is the Debtor's
legal counsel.
JACKSONVILLE MOVING: Gets Extension to Access Cash Collateral
-------------------------------------------------------------
Jacksonville Moving, Inc. received another extension from the U.S.
Bankruptcy Court for the Middle District of Florida, Jacksonville
Division, to use cash collateral.
The second interim order signed by Judge Jacob Brown authorized the
Debtor to use cash collateral pending further hearing to be
conducted by the court on December 9.
The Debtor intends to utilize its cash collateral to pay the
amounts expressly authorized by the court, including payments to
the Subchapter V trustee; the expenses set forth in the revised
budget, plus an amount not to exceed 10% for each line item; and
additional amounts subject to approval by secured creditor, Dogwood
State Bank.
As adequate protection, Dogwood State Bank and other creditors with
a security interest in cash collateral will have a perfected
post-petition lien on the cash collateral, with the same validity,
priority and extent as their pre-bankruptcy liens.
In addition, the Debtor was ordered to keep its property insured in
accordance with its loan and security agreements with Dogwood State
Bank.
Dogwood State Bank appears to be the primary secured creditor,
holding two UCC-1 financing statements filed on August 25, 2022,
which grant it a
security interest in all the Debtor's assets, excluding vehicles.
The Debtor estimates Dogwood's claim to be approximately $1.6
million and acknowledges that any other parties, such as Bryan and
Lisa Tully (who financed a note without recording a UCC-1), would
hold junior, likely unsecured claims.
About Jacksonville Moving Inc.
Jacksonville Moving Inc., doing business as College Hunks Hauling
Junk & Moving, provides professional moving services and junk
removal solutions in the Duval County area.
Jacksonville Moving sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02952) on
August 26, 2025. In its petition, the Debtor reported estimated
assets between $500,000 and $1 million and estimated liabilities
between $1 million and $10 million.
Judge Jacob A. Brown oversees the case.
Michael A. Stavros, Esq., at Jennis Morse is the Debtor's legal
counsel.
Dogwood State Bank, as secured creditor, is represented by:
Eric F. Werrenrath, Esq.
Winderweedle, Haines, Ward & Woodman, PA
329 Park Avenue North, Second Floor
Winter Park, FL 32789
Telephone: (407) 423-4246
Facsimile: (407) 645-3728
ewerrenrath@whww.com
hcrain@whww.com
JAGUAR HEALTH: Signs Private Placement With Brown Stone Capital
---------------------------------------------------------------
Jaguar Health, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on September 28, 2025,
the Company entered into a Securities Purchase Agreement with Brown
Stone Capital Limited, pursuant to which the Company agreed to
issue and sell to the Investors in a Private Placement:
(i) 161,583 shares of the Company's voting common stock, par
value 0.0001 and
(ii) 479,442 pre-funded warrants to purchase shares of Common
Stock.
The purchase price of the Shares is $1.56 per share and the
purchase price for the Pre-Funded Warrants is $1.56 minus $0.0001.
The Company intends to use the proceeds from the Private Placement
for working capital and general corporate purposes and repayment of
existing convertible notes. The Pre-Funded Warrants will be
exercisable, in whole or in part, at any time after the closing of
the Private Placement.
Brown Stone Capital Limited may be reached through:
Attn: Nima Montazeri
Rear No 2 Glenthorne Road
London N11 3HT, U.K.
Email: nima@brownstonecapital.net
The Purchase Agreement includes representations, warranties, and
covenants customary for a transaction of this type. In addition,
the Company agreed to file a registration statement on Form S-3
with the U.S. Securities and Exchange Commission to register the
resale of the Shares and the Pre-Funded Warrant Shares.
The foregoing summary of the Pre-funded Warrants and the Purchase
Agreement does not purport to be complete and is subject to, and
qualified in its entirety by the Pre-Funded Warrant and the
Purchase Agreement, copies of which are available at
https://tinyurl.com/2j46n53s and https://tinyurl.com/333vvuuh,
respectively.
About Jaguar Health
Jaguar Health, Inc. -- http://www.jaguar.health/-- is a
commercial-stage pharmaceuticals company focused on developing
novel, plant-based, sustainably derived prescription medicines for
people and animals with gastrointestinal ("GI") distress, including
chronic, debilitating diarrhea. Jaguar Health's wholly owned
subsidiary, Napo Pharmaceuticals, Inc., focuses on developing and
commercializing proprietary plant-based human pharmaceuticals from
plants harvested responsibly from rainforest areas. The Company's
crofelemer drug product candidate is the subject of the OnTarget
study, a pivotal Phase 3 clinical trial for prophylaxis of diarrhea
in adult cancer patients receiving targeted therapy.
Larkspur, California-based RBSM, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended Dec. 31, 2024, citing that the Company has
an accumulated deficit, recurring losses, and expects continuing
future losses. These conditions raise substantial doubt about the
Company's ability to continue as a going concern. The Company,
since its inception, has incurred recurring operating losses and
negative cash flows from operations and has an accumulated deficit
of $346.5 million as of December 31, 2024.
As of June 30, 2025, the Company had $48.3 million in total assets
against $41.4 million in total liabilities.
JHRG MANUFACTURING: Gets Interim Approval to Use Cash Collateral
----------------------------------------------------------------
JHRG Manufacturing, LLC received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina,
Raleigh Division, to use cash collateral to fund operations.
The court issued a second interim order authorizing the Debtor to
use cash collateral consistent with its budget, pending a further
hearing on October 21.
The Debtor's 30-day budget projects total operational expenses of
$26,235.
The U.S. Internal Revenue Service and WBL SPO I, LLC may assert
interests in the Debtor's cash collateral.
As adequate protection, these secured creditors will be granted
post-petition replacement liens, subject to the Debtor's right to
challenge lien validity. These replacement liens will have the same
priority as the secured creditors' pre-bankruptcy liens.
The second interim order will remain in full force and effect until
the court terminates the order for cause, including, but not
limited to, breach of its terms and conditions.
A continued hearing on the motion is scheduled for October 21.
About JHRG Manufacturing LLC
JHRG Manufacturing LLC is a North Carolina-based company that
specializes in the production of personal protective garments and
safety-related items used in industrial and recreational settings.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-03211-5-DMW) on
August 20, 2025. In the petition signed by John E. Holland,
member/manager, the Debtor disclosed up to $500,000 in assets and
up to $1 million in liabilities.
Judge David M. Warren oversees the case.
Benjamin R. Eisner, Esq., at The Law Offices of George Oliver,
PLLC, represents the Debtor as legal counsel.
WBL SPO I, LLC, as secured creditor, is represented by:
William Walt Pettit
HUTCHENS LAW FIRM LLP
6230 Fairview Road, Suite 315
Charlotte, N.C. 28210
Telephone: (704) 362-9255
Telecopier: (704) 362-9268
walt.pettit@hutchenslawfirm.com
JJTA11 REAL: Seeks Chapter 11 Bankruptcy in Florida
---------------------------------------------------
On October 10, 2025, JJTA11 Real Properties LLC voluntarily filed
for Chapter 11 bankruptcy in the Middle District of Florida. Court
documents show the company has liabilities estimated between $1
million and $10 million. The debtor indicated it has between 1 and
49 creditors.
About JJTA11 Real Properties LLC
JJTA11 Real Properties LLC is a single asset real estate company.
JJTA11 Real Properties LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03677) on
October 10, 2025. In its petition, the Debtor reports estimated
assets up to $100,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Jacob A. Brown handles the case.
The Debtor is represented by Jeffrey Ainsworth, Esq. of BransonLaw
PLLC.
JOSEPH PERRY JOINER: Sec. 1111(b) Election Valid in Subchapter V
----------------------------------------------------------------
Judge Ashley Austin Edwards of the United States Bankruptcy Court
for the Western District of North Carolina overrules Joseph Perry
Joiner and Krista Marie Joiner's Objection to Notice of Election by
Pinnacle Bank for Application of 11 U.S.C. 1111(b)(2). The Court
allows Pinnacle Bank's Sec. 1111(b)(2) election.
Joseph Perry Joiner and Krista Marie Joiner filed for bankruptcy
relief on April 23, 2025 and elected to proceed under Subchapter V
of the Bankruptcy Code.
On February 3, 2017, the Debtors purchased their family residence
located at 12730 Duncourtney Lane, Charlotte, NC 28277. On April 3,
2023, six years after the purchase of the Primary Residence, the
Chasewater Entities obtained a $1,005,000 SBA loan from Pinnacle
Bank in order to fund an acquisition of certain assets that would
allow for synergy between the various Chasewater Entities. To
secure the Loan, Pinnacle and the SBA required, among other
agreements, an unconditional guarantee from both Debtors and a lien
against the Primary Residence.
On June 26, 2025, Pinnacle filed a $1,238,803.18 proof of claim
asserting a $463,768.00 secured claim and a $775,035.18 unsecured
claim. Pinnacle indicates that the Claim is secured by real estate
and a UCC.
On July 29, 2025, Pinnacle filed a Notice of Election for
Application of 11 U.S.C. Sec. 1111(b)(2) seeking to have its entire
Claim treated as secured pursuant to 11 U.S.C. Sec. 1111(b)(2).
In their Objection, the Debtors allege that Pinnacle may not make
the Sec. 1111(b) election because the Debtors decided to modify the
Claim pursuant to Sec. 1190(3), which takes precedence over Sec.
1111(b). They also argue that section 1111(b) is inapplicable in
individual Subchapter V cases as 1190(3) specifically permits
modification of liens for extended periods of time similar to
mortgages. To permit section 1111(b) elections in individual
Subchapter V cases would simply make section 1190(3) superfluous.
Pinnacle asserts that Sec. 1190(3) does not override -- or trump --
Sec. 1111(b), as the Debtors suggest. Rather, it simply acts to
allow a debtor to treat a claim secured by a primary residence in
real property similar to the other secured claims contemplated in
Sec. 1123(b)(5). The bank contends that Sec 1111(b) applies in all
Chapter 11 cases, including Subchapter V. The bank also points out
Sec. 1181(a) provides a specific list of general Chapter 11
provisions that do not apply in Subchapter V cases, and, notably,
does not include Sec. 1111.
Judge Edwards explains, "While Sec. 1190(3) gives individual
Subchapter V debtors a unique opportunity to modify the liens of
creditors secured by their primary residence, there is no evidence
that it overrides or takes away the creditors' right to elect under
Sec. 1111(b). In fact, when Congress enacted Subchapter V, it
included Sec. 1181(a), which identifies general Chapter 11
provisions that do not apply in Subchapter V cases. Notably, Sec.
1111 is not included."
While the Court agrees with the Debtors that Sec. 1190(3) is more
specific and that the legislative intent behind Subchapter V was to
protect small business owners, it finds Sec. 1181(a) to be
dispositive as to this issue. According to the Court, there is no
evidence that Congress intended to omit creditors' rights under
Sec. 1111(b) from Subchapter V and it appears they intended Sec.
1190(3) and Sec. 1111(b) to co-exist just as Sec. 1123 and Sec.
1111 do -- and had for 42 years before Subchapter V was enacted.
Moreover, the Court agrees with Pinnacle's observation that the
Debtors may not be eligible to modify the Claim under Sec. 1190(3),
as the Judgment and loan documents filed with the Claim suggest
that the Loan may be secured by more than just the Principal
Residence.
The Debtors, according to the Court, have failed to show that their
Sec. 1190(3) election overrides Pinnacle's right to elect to have
the Claim treated as fully secured under Sec. 1111(b). Accordingly,
the Court finds Pinnacle's Election proper and overrules the
Debtors' Objection.
A copy of the Court's Order dated October 2, 2025, is available at
https://urlcurt.com/u?l=nZAV4p
Joseph Perry Joiner and Krista Marie Joiner filed for Chapter 11
bankruptcy protection (Bankr. W.D.N.C. Case No. 25-30396) on April
23, 2025, listing under $1 million in both assets and liabilities.
The Debtor is represented by John Woodman, Esq.
JSG I INC: S&P Withdraws 'B-' Long-Term Issuer Credit Rating
------------------------------------------------------------
S&P Global Ratings withdrew its 'B-' long-term issuer credit rating
on JSG I Inc. (Justrite) at the issuer's request. At the time of
the withdrawal, the outlook was stable.
S&P also withdrew its 'B-' long-term issuer credit rating on JSG II
Inc., a subsidiary of JSG I Inc., and discontinued its 'B-'
issue-level rating on the company's first-lien term loan due to
redemption.
JUBILEE HILLTOP: Court Extends Cash Collateral Access to Dec. 31
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Western District of Pennsylvania
approved a stipulation allowing Jubilee Hilltop Ranch, LLC to use
the cash collateral of secured creditor Mid Penn Bank.
The stipulation authorizes the Debtor to use cash collateral to pay
the expenses set forth in its monthly operating budget nunc pro
tunc from the petition date through December 31.
The Debtor projects total operational expenses of $467,444.68 for
October; $471944.68 for November; and $477144.68 for December.
As adequate protection for the Debtor's use of cash collateral, Mid
Penn Bank will receive increased interest-only monthly payments of
$23,011.61, up from $15,000, beginning November 15.
In addition, Mid Penn Bank will be granted replacement liens on
personal property acquired by the Debtor after its Chapter 11
filing, with the same priority and validity as the bank's
pre-bankruptcy liens. The replacement liens do not apply to any
Chapter 5 claims.
A final hearing will be held on December 31.
Mid Penn Bank, as secured creditor, is represented by:
Dominic V. Giovanniello, Esq.
Saxton & Stump, LLC
4250 Crums Mill Road, Suite 201
Harrisburg, PA 17112
Telephone: (717) 216-5504
Telecopier: (717) 547-1900
dgiovanniello@saxtonstump.com
About Jubilee Hilltop Ranch
Jubilee Hilltop Ranch, LLC is a Pennsylvania-based family farm
specializing in grass-finished beef, pastured pork, and eggs for
the restaurant industry.
Jubilee Hilltop Ranch sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No. 25-70267) on June
26, 2025, listing up to $1 million in assets and up to $10 million
in liabilities. Neal Salyards, president of Jubilee Hilltop Ranch,
signed the petition.
Judge Jeffrey A. Deller oversees the case.
Kevin Petak, Esq., at Spence Custer, represents the Debtor as legal
counsel.
KANTAR GLOBAL: S&P Alters Outlook to Stable, Affirms 'B-' ICR
-------------------------------------------------------------
S&P Global Ratings revised the outlook on U.K.-based data,
research, and analytics provider Kantar Global Holding S.a.r.l.'s
(Kantar) issuer credit rating to stable from positive. S&P also
affirmed the 'B-' long-term issuer and issue credit ratings and '3'
recovery ratings with 55% rounded recovery prospects.
S&P said, "The stable outlook reflects our expectation that, over
the next 12 months, Kantar's earnings and cash flows will improve
as a result of organic revenue growth, disciplined operating cost
control, and a reduction in exceptional expenses. This should
translate into Kantar's S&P Global Ratings-adjusted leverage
decreasing to 8.5x in 2026 after a temporary increase to 14.5x in
2025.
"We expect Kantar's leverage will temporarily increase to 14.5x in
2025 and its free operating cash flow (FOCF) will be negative. We
consequently no longer think we might raise the rating in the near
term.
"We expect credit metrics to improve in 2026-2027 as restructuring
and other exceptional costs decrease.
"The outlook revision reflects the fact that we no longer expect an
upgrade in the near term, due to high leverage and negative FOCF in
2025. We expect Kantar's FOCF to turn temporarily negative and
leverage to rise to 14.5x in 2025 from 9.0x in 2024. We also
forecast leverage will remain very high above 7.0x and FOCF will
only break even or turn moderately positive in 2026-2027. This is
because we now expect materially higher restructuring, severance,
exceptional and merger and acquisition (M&A) related costs in 2025
compared with our prior expectations. We anticipate this being
driven by the carve-out and disposal of Kantar Media and the merger
of the Numerator division with WorldPanel, alongside management's
decision to accelerate restructuring and capital expenditure
(capex) investment. We project Kantar will incur up to $170 million
in restructuring and costs related to M&A costs in 2025, leading to
a temporary decline in S&P Global Ratings-adjusted EBITDA to $310
million and an EBITDA margin of approximately 12% and turning FOCF
negative.
"Furthermore, we anticipate an increase in reported capex to up to
$190 million in 2025, reflecting additional investments in
Worldpanel's integration and product enhancements. This is
occurring against a backdrop of softer market conditions. The
company received $940 million in proceeds from the Kantar Media
divestment in August 2025 and used most of it for debt repayments.
However, the reduction in gross debt was limited and less than we
previously expected due to adverse foreign exchange rate movements
and greater utilization of the revolving credit facility (RCF) in
2025.
"We forecast Kantar's organic revenue growth to be weaker in 2025
than we previously expected, due to challenging macroeconomic
conditions. Excluding Kantar Media's contribution, we anticipate
broadly flat organic revenue performance in 2025 because client
spending remains cautious due to macroeconomic and geopolitical
uncertainties. The group reported a broadly flat top line in the
first half of 2025. Revenue within the Insights division contracted
by less than 1%, while Profiles remained flat. Although spending by
the information technology sector is recovering, Kantar's clients'
discretionary spending remained cautious. The company faced the
main headwinds from subdued client spending on advisory, brand
strategy, and other project-based services in the first half of
2025, while recurring revenues were solid. In addition, the
Insights division is generally more sensitive to macro volatility.
The combined Numerator and WorldPanel division contributed robust
growth of 4.6% in the first half of the year, supported by solid
performance in the food and beverage segment of the Consumer
Packaged Goods (CPG) market, despite weaker performance in the
automotive sector. Numerator is more dependent on subscriptions,
less exposed to discretionary cuts, and has stronger digital
capabilities, which ensures higher growth rates than Insights.
"We forecast Kantar's organic topline growth will improve to 2%-3%
from 2026 onward. This will likely reflect growth in the Insights
and Profiles divisions improving to approximately 2% annually from
2026 onward, while Numerator (including Worldpanel) should continue
growing by 4%-5% annually. We expect Kantar to maintain its strong
position in global market research and brand strategy, coupled with
its high recurring revenue and long-standing relationships with
clients.
"We assume that FOCF will improve and leverage will decrease in
2026-2027 on the back of materially decreasing restructuring and
M&A-related costs. We expect Kantar's FOCF to return to neutral to
slightly positive and adjusted leverage to decline toward 8.5x from
2026 onward, underpinned by a material reduction in restructuring,
exceptional and M&A-related costs. We understand that the costs
Kantar will incur in 2025 are predominantly one-off and expect them
to decline materially to $65 million from 2026 onward. Alongside a
recovery in the top line, this should support a recovery in the
adjusted EBITDA margin to 20%-22% from 2026 onward. We also expect
capex levels to normalize after a one-off increase in 2025 with no
material working capital outflows, resulting in FOCF becoming
neutral in 2026, followed by moderately positive FOCF generation
thereafter."
Recent debt management transactions that extended maturities, as
well as sufficient liquidity, support the rating. In February 2025,
the company refinanced $1.5 billion of its senior secured debt
maturing in 2026 and extended the maturity of the senior secured
notes to 2030. In August 2025, Kantar spent the bulk of Kantar
Media's divestment proceeds on repaying debt, including relatively
expensive EUR428 million senior unsecured notes and $140 million
loan notes. These debt repayments have addressed the near-term
maturities and will support Kantar's cash flow. After all the
transactions, the company had about $202 million in cash and cash
equivalents on its balance sheet and a $460 million RCF (of which
$330 million is available and matures in August 2028 and $110
million of undrawn RCF matures in June 2026), which supports its
liquidity.
S&P said, "The stable outlook reflects our expectation that over
the next 12 months Kantar's earnings and cash flows will improve on
the back of organic revenue growth, disciplined operating cost
control, and a reduction in exceptional expenses. This should
translate into Kantar's S&P Global Ratings-adjusted leverage
decreasing to 8.5x in 2026 after a temporary increase to 14.5x in
2025.
"We could lower the rating if Kantar fails to reduce restructuring
costs and other one-off expenses and its profitability does not
improve in line with our base case. This could result in weaker
EBITDA and continued negative FOCF weighing on the group's
liquidity, rendering its capital structure unsustainable in the
medium term.
"Although an upgrade is unlikely in the near term, we could raise
our rating on Kantar if operating performance improves
significantly above our forecast, adjusted leverage falls to about
7.0x on a sustained basis, and the group consistently generates
positive FOCF, with FOCF to debt approaching 5%. An upgrade would
also hinge on the group's financial policy to support deleveraging,
with no major debt-funded acquisitions or shareholder
remuneration."
KIDDE-FENWAL INC: Files Amended Plan; Plan Hearing March 23, 2026
-----------------------------------------------------------------
KFI Wind-Down Corp. f/k/a Kidde-Fenwal, Inc., submitted a Revised
Fourth Amended Disclosure Statement describing Fifth Amended Plan
of Liquidation dated October 1, 2025.
The Plan and this Disclosure Statement are being filed in
accordance with the Plan Support Agreement, which was entered into
on October 18, 2024 by and among the Debtor, Carrier, the Committee
and the MDL PEC Co-Leads (together, such parties, the "Settling
Parties").
As contemplated by the Plan Support Agreement, the Plan provides
that pursuant to and subject to the terms and conditions of the
Estate Claims Settlement Agreement, Carrier shall pay a $540
million guaranteed cash payment (the "Guaranteed Cash Payment"),
split across five payments over five years, into and make the
described contributions of insurance rights to the Primary AFFF
Settlement Trust established pursuant to the Plan in exchange for:
(i) the resolution, mutual waiver and full and final release of any
and all Released Claims capable of being asserted against Carrier
and certain other Released Parties by or on behalf of the Debtor or
its Estate (the "Estate Claims Settlement") and (ii) a share of the
proceeds from the sale of the Debtor's assets and the Remaining
Estate Funds net of amounts to fund the Wind-Down Estate pursuant
to the Plan.
The Plan Support Agreement also provides for a separate settlement
of certain direct claims against Carrier in the AFFF MDL by
Carrier's payment of $190 million or more, which settlement will be
subject to approval in the AFFF MDL. Approval of such settlement is
not a condition to confirmation of the Plan in this Chapter 11
Case.
Pursuant to the Plan Support Agreement and the Estate Claims
Settlement, upon assignment of its insurance rights, Carrier will
forego all general liability coverage currently available to itself
and its subsidiaries for claims arising out of occurrences during
the period of 2005 to 2013, regardless of whether such claims
relate to AFFF. Carrier will also assign to the Primary AFFF
Settlement Trust its rights to seek reimbursement from its
insurance companies for payments made in settlement of AFFF claims,
including, without limitation, Carrier's $540 million Guaranteed
Cash Payment and its $190 million settlement of direct claims in
the AFFF MDL, and Carrier will also forego its rights to see
recovery from the assigned insurance policies for any and all
non-AFFF liabilities.
Like in the prior iteration of the Plan, in full and final
satisfaction, settlement, release and discharge of an Allowed
General Unsecured Claim, each Holder of a General Unsecured Claim
shall be entitled to receive its Pro Rata share of the GUC
Liquidating Trust Allocation with all other Allowed Class 4 Claims.
The sole recourse of any Holder of a General Unsecured Claim on
account of its General Unsecured Claim shall be to the GUC
Liquidating Trust. Claims in Class 4 are Impaired.
No Holder of an Interest shall receive any Distributions on account
of its Interest. On and after the Effective Date, all Interests in
the Debtor shall be canceled and shall be of no further force and
effect, whether surrendered for cancelation or otherwise.
On the Effective Date, the Primary AFFF Settlement Trust shall be
funded with the Settlement Trust Assets. From and after the
Effective Date, the Primary AFFF Settlement Trust shall (i) in its
capacity as disbursing agent, transfer the GUC Liquidating Trust
Assets to the GUC Liquidating Trust, provided that, any residual
value in the GUC Liquidating Trust Assets after satisfaction of all
General Unsecured Claims in accordance with the Plan and Settlement
Trust Documents shall be re-allocated to the AFFF Settlement Trust
Assets and be subject to the terms of the Primary AFFF Settlement
Trust Agreement; and (ii) make Distributions to the Sovereign State
AFFF Settlement Trust to the extent and in accordance with the
terms set forth in the Settlement Trust Documents.
Ballots cast by Holders in Classes entitled to vote must be
actually received by the Solicitation Agent on February 9, 2026
(the "Voting Deadline").
Objections to Confirmation of the Plan must be filed with the
Bankruptcy Court and served so as to be actually received on
February 9, 2026.
The Bankruptcy Court has scheduled the hearing to consider
confirmation ("Confirmation") of the Plan (the "Confirmation
Hearing") to commence on March 23, 2026.
A full-text copy of the Revised Fourth Amended Disclosure Statement
dated October 1, 2025 is available at
https://urlcurt.com/u?l=JLSVQG from Stretto, Inc., claims agent.
Counsel to the Debtor:
Andrew G. Dietderich, Esq.
Brian D. Glueckstein, Esq.
Justin J. DeCamp, Esq.
Benjamin S. Beller, Esq.
Julie G. Kapoor, Esq.
Sullivan & Cromwell, LLP
125 Broad Street
New York, NY 10004
Tel: (212) 558-4000
Fax: (212) 558-3588
E-mail: dietdericha@sullcrom.com
gluecksteinb@sullcrom.com
decampj@sullcrom.com
bellerb@sullcrom.com
kapoorj@sullcrom.com
- and -
Derek C. Abbott, Esq.
Andrew R. Remming, Esq.
Daniel B. Butz, Esq.
Tamara K. Mann, Esq.
Scott D. Jones, Esq.
Morris, Nichols, Arsht & Tunnell, LLP
1201 Market Street, 16th Floor
Wilmington, DE 19801
Telephone: (302) 658-9200
Facsimile: (302) 658-3989
Email: dabbott@morrisnichols.com
aremming@morrisnichols.com
dbutz@morrisnichols.com
tmann@morrisnichols.com
sjones@morrisnichols.com
About Kidde-Fenwal Inc.
Kidde-Fenwal Inc. -- https://www.kidde-fenwal.com/ -- manufactures
fire protection systems. It offers products such as fire control
systems, explosion aircraft protection, laser-based smoke detection
devices, electronic gas ignitions, and fire suppressions.
Kidde-Fenwal markets its products to mining, manufacturing,
education, and commercial sectors.
Kidde-Fenwal sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 23-10638) on May 14, 2023. In the
petition filed by its chief transformation officer, James
Mesterharm, the Debtor reported assets between $100 million and
$500 million and estimated liabilities between$1 billion and $10
billion.
The Debtor tapped Sullivan & Cromwell, LLP and Morris Nichols Arsht
& Tunnell, LLP as legal counsels; and Guggenheim Securities, LLC as
investment banker. Stretto, Inc. is the claims and noticing agent
and administrative advisor.
KIDTASTIC CONSULTING: Employs Gensburg Calandriello as Counsel
--------------------------------------------------------------
Kidtastic Consulting Services Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to employ
Gensburg Calandriello & Kanter, P.C. as its counsel in connection
with its Chapter 11 case.
GCK will provide these services:
(a) advise the Debtor with respect to its rights and obligations
in the Chapter 11 case;
(b) assist the Debtor in the preparation of pleadings, motions,
applications, answers, orders, and other legal papers as
necessary;
(c) represent the Debtor in hearings and negotiations with
creditors and other parties in interest; and
(d) perform all other legal services required to protect the
interests of the Debtor in these proceedings.
The firm will bill at standard hourly rates, with Michael A.
Gensburg, Esq. billing at $625 per hour and other professionals
billing between $350 and $525 per hour, depending on seniority and
experience. A retainer of $25,000 has been paid to the firm.
According to the application, Gensburg Calandriello & Kanter, P.C.
has no connection with the Debtor, creditors, or other parties in
interest and is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Michael A. Gensburg, Esq.
GENSBURG CALANDRIELLO & KANTER, P.C.
200 West Adams Street, Suite 2425
Chicago, IL 60606
Telephone: (312) 263-2200
E-mail: mgensburg@gcklegal.com
About Kidtastic Consulting Services, Inc.
Kidtastic Consulting Services, Inc. sought protection under Chapter
11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-73339-ast)
on August 29, 2025.
At the time of the filing, the Debtor had estimated assets of
between $100,001 and $500,000 and liabilities of between $500,001
and $1 million.
Judge Alan S. Trust oversees the case.
Ronald D. Weiss, P.C. is Debtor's legal counsel.
KPOWER GLOBAL: Taps Leverage Supply as Restructuring Officer
------------------------------------------------------------
KPower Global Logistics, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Tennessee to employ
Leverage Supply Chain Group/Leverage Supply Chain, LLC to provide
restructuring advisory services and to designate Bobby Clements as
Chief Restructuring Officer in its Chapter 11 case.
Mr. Clements and LSCG will perform these services:
(a) make Mr. Clements available to serve as the Debtor's CRO
with full management and operational authority;
(b) provide additional personnel to assist with restructuring
efforts and bankruptcy-related reporting requirements;
(c) establish communication protocols with stakeholders;
(d) assist in preparing and reviewing financial projections and
cash flow budgets, including implementing cash conservation
strategies and processes;
(e) prepare and review reports and filings required by the
Court or the U.S. Trustee, including schedules of assets and
liabilities, statements of financial affairs, and monthly operating
reports;
(f) assist in preparing a plan of reorganization and related
documents;
(g) assist the Debtor and counsel in preparing for hearings,
testimony, creditor meetings, and creating supporting exhibits and
motions;
(h) assist the Debtor and counsel in developing litigation
strategy and related analysis;
(i) identify liquidity needs and determine potential DIP
funding requirements;
(j) assist in evaluating executory agreements; and
(k) perform other advisory services and functions customarily
provided in connection with Chapter 11 restructuring matters, as
mutually agreed with the Debtor
Mr. Clements and LSCG will be compensated at a flat rate of $25,000
per month, which includes up to 100 hours of services. Additional
hours beyond 100 will be billed at $250 per hour. Travel expenses
are not included and will be billed separately at cost.
According to the Debtor, Mr. Clements and LSCG are disinterested
within the meaning of the Bankruptcy Code, subject to disclosures
regarding a prior engagement with Phoenix Assurance, LLC, an
affiliate of the Debtor, which is in the process of being
terminated.
The firm can be reached at:
Bobby Clements
Leverage Supply Chain Group/Leverage Supply Chain, LLC
6110 McFarland Station Dr, Suite 1003
Alpharetta, GA 30004
Telephone: (678) 446-0211
E-mail: Info@leveragescg.com
About KPower Global Logistics, LLC
KPower Global Logistics LLC provides third-party logistics services
specializing in customized supply chain solutions across the United
States. The Company offers staffing, warehousing, bulk storage,
consulting, packaging, and special project services for
distribution centers and manufacturing operations.
KPower Global Logistics sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tenn. Case No. 25-22294) on May 8,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Judge Jennie D Latta handles the case.
The Debtor is represented by the Law Offices of Craig M. Geno,
PLLC.
KRCM ASTORIA: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------
On October 8, 2025, KRCM Astoria Portfolio Corp. voluntarily filed
for Chapter 11 bankruptcy in the Eastern District of New York.
Court filings reveal that the company's debts total between $10
million and $50 million. The petition also notes that KRCM Astoria
Portfolio Corp. has 1 to 49 creditors.
About KRCM Astoria Portfolio Corp.
KRCM Astoria Portfolio Corp. is a real estate company.
KRCM Astoria Portfolio Corp. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-44859) on October
8, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
The Debtor is represented by J Ted Donovan, Esq. of Goldberg Weprin
Finkel Goldstein LLP.
KRONOS ACQUISITION: Nuveen Credit Marks $2.2MM Loan at 14% Off
--------------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its
$2,236,367 loan extended to Kronos Acquisition Holdings Inc. to
market at $1,915,817 or 86% of the outstanding amount, according to
Nuveen Credit's Form N-CSR for the fiscal year ending July 31,
2025, filed with the U.S. Securities and Exchange Commission.
JQC is a participant in a Term Loan B to Kronos Acquisition
Holdings Inc. The loan accrues interest at a rate of 8.30% per
annum. The loan matures on July 8, 2031.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, IL 60606
Telephone: (800) 257‑8787
About Kronos Acquisition Holdings Inc.
Kronos Acquisition Holdings Inc. operates as a holding company. The
Company, through its subsidiaries, manufactures personal and home
care products.
L & D CAFE: Gets Final OK to Use Cash Collateral
------------------------------------------------
L & D Cafe, Inc. received final approval from the U.S. Bankruptcy
Court for the Southern District of Florida, Fort Lauderdale
Division, to use cash collateral to fund operations.
The final order authorized the Debtor to use cash collateral in
accordance with the amended budget to pay business expenses until
the plan confirmation hearing or further court order.
As adequate protection, secured lenders will be granted replacement
liens on their collateral and all property (excluding avoidance
actions) acquired by the Debtor after its Chapter 11 filing that is
similar to their collateral.
The replacement liens will have the same validity, priority and
extent as the lenders' pre-bankruptcy liens, subject to a fee
carveout.
As additional protection, the Debtor was ordered to keep the
secured lenders' insured.
The Debtor was directed to transfer $1,000 per month to its legal
counsel for Subchapter V trustee fees and may transfer an
additional $5,000 per month for other professional fees. These
amounts constitute the budgeted line items for professional fees in
the Debtor's latest budget, remain property of the estate, and must
be held in counsel's trust account pending further court order.
The final order is available at https://is.gd/Yhyx4D from
PacerMonitor.
The lenders asserting an interest in the cash collateral include
the U.S. Small Business Administration, WebBank, Rapid Finance, and
CFG Merchant Solutions, LLC. However, only the SBA appears to be
secured.
As of the petition date, the SBA is owed $168,240 and holds a
first-position lien on substantially all of the Debtor's assets,
backed by a UCC-1 financing statement filed in September 2020. The
other creditors have filed more recent UCC-1 statements -- WebBank
in April 2024, Rapid Finance in January 2025, and CFG Merchant
Solutions in January 2025 -- and are likely unsecured due to the
SBA's senior lien and the limited value of the Debtor's assets.
About L & D Cafe Inc.
L & D Cafe, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-19748-PDR) on August
22, 2025. In the petition signed by Constantine N. Manos,
president, the Debtor disclosed up to $50,000 in assets and up to
$10 million in liabilities.
Judge Peter D. Russin oversees the case.
Chad P. Pugatch, Esq., at Lorium Law represents the Debtor as
bankruptcy counsel.
LCPR LOAN: Nuveen Credit Marks $1.1MM Loan at 24% Off
-----------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its
$1,153,000 loan extended to LCPR Loan Financing LLC to market at
$881,082 or 76% of the outstanding amount, according to Nuveen
Credit's Form N-CSR for the fiscal year ending July 31, 2025, filed
with the U.S. Securities and Exchange Commission.
JQC is a participant in a Term Loan B to LCPR Loan Financing LLC.
The loan's interest rate and maturity is to be determined.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, IL 60606
Telephone: (800) 257‑8787
About LCPR Loan Financing LLC
LCPR Loan Financing LLC provides television services.
LEGENCE HOLDINGS: Moody's Hikes CFR to 'B1', Outlook Stable
-----------------------------------------------------------
Moody's Ratings upgraded Legence Holdings LLC's (Legence) corporate
family rating to B1 from B3, its probability of default rating to
B1-PD from B3-PD. Concurrently, Moody's upgraded to B1 from B3 the
bank credit facility ratings on the company's $90 million senior
secured first lien revolving credit facility due December 2026 and
the $1.59 billion ($802 million after amortization and repayment)
senior secured first lien term loan due December 2028. Moody's also
assigned a new SGL-2 speculative grade liquidity (SGL) rating to
Legence. The outlook remains stable.
The rating action follows the closing of Legence's initial public
offering and listing of its common stock on the Nasdaq. The company
used the proceeds, net of fees and expenses, to repay $780 million
of its existing term loan, which reduced its total debt by close to
half compared to debt levels at June 30, 2025.
The upgrade reflects the substantial debt reduction through the
IPO, which will materially improve the company's key credit metrics
and Moody's expectations that the company will continue to operate
at a lower leverage levels going forward. Pro forma of the debt
repayment, Moody's expects that debt/EBITDA, including Moody's
standard adjustments, will improve to 4.0x from 7.4x for the 12
months that ended June 2025. Reflecting prospects for steady
organic growth, Moody's expects leverage to further improve to
mid-3x debt/EBITDA by the end of 2026.
Governance factors are a key driver of this rating action,
reflecting the company's significant debt repayment and more
conservative approach to managing its balance sheet going forward.
RATINGS RATIONALE
Legence's B1 CFR reflects the company's broad service offering and
diversified customer base in improving energy efficiency in
existing buildings. Legence's business has transformed through
acquisitions and over half of the company's profitability
originates now from its engineering and consulting business.
Legence will continue to benefit from secular trends toward more
energy efficient buildings. The company's significant backlog as of
June 2025, exceeding its annual sales by about 25%, also provides
near term revenue visibility.
The rating also reflects the fragmented industry landscape that
creates regional competition. Legence has a history of pursuing
growth through acquisitions although Moody's expects the company to
focus on further improving leverage at least for the next several
years.
The stable outlook reflects Moody's expectations that solid demand
from end markets that have technically demanding buildings,
including technology, life sciences, healthcare and education, will
support Legence's organic growth for the next several years.
The SGL-2 speculative grade liquidity rating of Legence reflects
Moody's views that the company will maintain good liquidity over
the next 12-15 months from June 30, 2025. This is supported by $98
million of cash on hand as of June 30, 2025 and $85 million
availability under the $90 million revolver maturing December 2026,
together with around $100 million of positive free cash flow
Moody's expects over the next 12-15 months.
The B1 ratings on the revolver and the term loans are on par with
the CFR, reflecting the group's all bank debt capital structure.
Legence Corp., the group's newly created listed holding company and
the reporting entity, does not provide downstream guarantee to
Legence Holdings LLC, the borrower of the group's debt. However,
Legence Holdings generates substantially all of the consolidated
revenue, EBITDA and cash flow that aligns its key credit metrics to
those measured by Legence Corp.'s financials.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could upgrade the ratings if Legence establishes a track
record of operating as an independent public company and sustains
commitment to operating at a lower leverage than historically.
Specifically, the ratings could be upgraded if leverage is
sustained below 3.5x debt/EBITDA and retained cash flow to net debt
approaches 20%, while keeping positive free cash flow and good
liquidity.
Moody's could downgrade the ratings if the company reverts to
aggressive financial policy, including material debt-financed
acquisitions or returns to shareholders. Specifically, the ratings
could be downgraded if leverage rises above 5x debt/EBITDA or
retained cash flow to net debt falls below 10%. Sustained negative
free cash flow and deterioration in liquidity could also lead to a
downgrade.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Legence's B1 CFR is two notches above the scorecard-indicated
outcome of B3 for the last 12 months period ending June 30, 2025.
The difference reflects the recently completed IPO and reduction in
leverage. Moody's expects the scorecard-indicated outcome to be
consistent with the assigned B1 CFR on a going forward basis.
Headquartered in San Jose, California, Legence Corp. provides
design, installation and maintenance services for buildings. The
company installs HVAC, process piping and other mechanical,
electrical and plumbing systems for new facilities. It also
upgrades HVAC, lighting and building controls in existing
facilities to make them more energy efficient and sustainable. For
the 12 months that ended June 2025, the company recorded about $2.2
billion of revenue.
LEGENCE HOLDINGS: S&P Ups ICR to 'B+' on Debt Reduction After IPO
-----------------------------------------------------------------
S&P Global Ratings raised its issuer credit rating on Legence
Holdings LLC to 'B+' from 'B-'.
At the same time, we raised our issue-level ratings on the
company's senior secured debt to 'BB-' from 'B-' and raised our
recovery ratings to '2' from '3' to reflect the greater recovery
prospects for lenders following the debt repayment.
The stable outlook reflects our expectation that the company will
grow organic revenues by about 5% in 2025 and 2026, while
maintaining leverage below 5x.
Legence completed its IPO on the Nasdaq on Sept. 12, 2025, and used
the net proceeds to repay $780 million outstanding under its
first-lien term loan ($1.612 billion as of June 30, 2025).
Pro forma for the repayment, the company's S&P Global
Ratings-adjusted gross leverage improved to 4.0x from 7.3x as of
June 30, 2025.
Additionally, S&P reassessed its view of the company's business
more favorably due to its track record of profitable growth. In
2025, S&P forecasts Legence will generate about $240 million of S&P
Global Ratings-adjusted EBITDA.
The upgrade reflects Legence's stronger credit metrics following
the $780 million debt paydown. S&P said, "We expect the transaction
to result in S&P Global Ratings-adjusted debt to EBITDA of about
4.0x in 2025, decreasing to the mid-3x area in 2026, from 7.8x in
2024, reflecting both the significant reduction in gross debt and
an expanding EBITDA base. While we expect leverage will decline,
the company does not yet have a track record of lower leverage and
has not publicly committed to a leverage target."
S&P said, "We forecast good annual free operating cash flow (FOCF),
even as Legence heightens capital spending for increased
fabrication capacity. We expect the company will generate FOCF of
$90 million-$100 million in 2025 before improving in 2026 to more
than $135 million. We attribute the majority of the change to a
decreased interest burden with a lower total debt figure, reduced
one-time costs related to the IPO (which we do not expect to carry
into 2026), and some benefit from a 75 bps rate reduction under the
existing credit agreement as a result of the offering."
Legence has demonstrated substantial growth since being acquired by
Blackstone. It increased revenue to $2.2 billion as of June 2025
from $605 million in 2020, alongside a significant increase in S&P
Global Ratings-adjusted EBITDA to $236 million over the same
period. This growth has been fueled by over 20 acquisitions,
significantly expanding the company's size and scale.
S&P said, "We view Legence's business favorably given its strong
exposure to high-growth sectors, including data centers,
technology, life sciences, and health care, which together comprise
55% of its client base and include a notable 60% of Nasdaq-100
companies. Supported by its comprehensive, end-to-end MEP
[Mechanical Electrical Plumbing] solutions, we anticipate continued
revenue growth of approximately 12% in 2025, driven by recent
acquisitions, and solid organic growth of 5% in 2026, maintaining
EBITDA margins of about 10%.
"Based on these factors, we revised our business risk assessment to
fair from weak. Still, Legence generates the majority of its
revenue in the U.S., lacks the customer or geographic
diversification of higher-rated peers with similar leverage
profiles, and has S&P Global Ratings-adjusted EBITDA margins that
are relatively low for facility service companies."
Legence remains roughly 71% owned by financial sponsor Blackstone.
S&P said, "Given the sponsor maintains a majority ownership stake
following the IPO, we consider Legence to be at greater risk of a
future leveraging event or potential reversal in its financial
policies to a more-aggressive stance than peers not owned by
sponsors. However, we believe there is minimal likelihood that such
an event would increase leverage above 5x."
S&P said, "While the company's revolving credit facility and
internal cash flows provide it with ample capacity for tuck-in
acquisitions, we expect a cautious approach to larger,
transformative deals to avoid a significant increase in leverage.
Nevertheless, we anticipate the financial-sponsor owners will
maintain a more conservative financial policy as a public company.
"The stable outlook reflects our expectation that Legence will grow
organic revenues by about 5% in 2025 and 2026 while maintaining
leverage below 5x."
S&P could lower its rating on Legence if it expects leverage to
exceed 5.5x on a sustained basis and FOCF to debt declines below
5%. This could occur if:
-- The company's operating performance deteriorates;
-- It does not successfully integrate its newly acquired
companies;
-- Intense price-based competition weakens its EBITDA margins; or
-- Management pursues aggressive shareholder returns.
S&P could raise its rating on Legence if it continues to expand by
profitably integrating its acquisitions while sustaining S&P Global
Ratings-adjusted leverage comfortably below 5x. Under this
scenario, S&P would expect the company to:
-- Refrain from pursing aggressive debt-funded shareholder returns
or acquisitions without commensurate EBITDA contributions;
-- Continue to increase S&P Global Ratings-adjusted EBITDA margins
from current levels;
-- Sustain FOCF to debt above 10%; and
-- Reduce financial-sponsor ownership.
LIBERTY INTERACTIVE: Moody's Cuts CFR to 'Caa3', Outlook Negative
-----------------------------------------------------------------
Moody's Ratings downgraded Liberty Interactive LLC's ("Liberty
Interactive") corporate family rating to Caa3 from Caa1, its
probability of default rating to Caa3-PD from Caa1-PD and its
senior unsecured ratings to C from Caa3. The speculative grade
liquidity rating (SGL) of Liberty Interactive was downgraded to
SGL-4 from SGL-3. Moody's also downgraded the ratings of the senior
secured notes issued by QVC, Inc. to Caa3 from Caa1. The outlook
for both issuers was changed to negative from stable.
The downgrades reflect governance considerations including the
company's large debt load with Moody's expectations of leverage of
about 7.5x by year-end 2025 and the refinancing risk associated
with its almost fully drawn $3.25 billion revolving credit facility
due October 2026. The downgrades also reflect the significant
deterioration in Liberty Interactive's operating performance in
1H'25 caused by accelerating cable cord-cutting, falling customer
count and lower customer engagement. Moody's expects these trends
to continue as the company contends with secular pressures to its
core business, an uncertain demand environment for discretionary
products and an expectation for elevated costs associated with
higher tariffs. Liberty Interactive's businesses are highly
dependent on imported product including a material (though
reducing) level of imports from China.
"A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee."
The negative outlook reflects Moody's expectations that given the
large amount of maturing debt, weak operating performance
expectations and limited sources of repayment, a restructuring of
the company's capital structure is likely.
RATINGS RATIONALE
Liberty Interactive's Caa3 corporate family rating reflects its
high leverage, weak liquidity and refinance risk associated with
its nearly fully drawn $3.25 billion revolver which expires in
October 2026. It also reflects the difficulties the company is
facing as it seeks to stabilize its revenue and EBITDA levels in an
uncertain demand environment for discretionary products and faces
cost pressures associated with tariffs. Liberty Interactive,
through its parent QVC Group, Inc. ("QVCG") is also contending with
secular pressures that include a growing number of consumers who
are canceling their cable subscriptions which is weighing on
customer count, increased price transparency and shorter product
life cycles. Nonetheless, QVCG continues to have a substantial
position within online shopping and is continuing to focus on
increasing streaming to widen its customer reach.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if there is a sustained improvement in
operating performance which leads to positive free cash flow
generation and an improvement in credit metrics, lessening the
overall likelihood of default and the expected recovery rate
improves. An upgrade would also require a successful extension of
its revolver's October 2026 expiration date and an ability to
address its other debt maturities in a timely manner.
The ratings could be downgraded if the company were to default on
its debt or if recovery expectations deteriorate further.
Headquartered in West Chester, Pennsylvania (recently moved from
Englewood, Colorado), Liberty Interactive LLC, is a wholly owned
subsidiary of its parent QVC Group, Inc. ("QVCG"), formerly named
Qurate Retail, Inc. QVCG operates the QVC, HSN and Cornerstone
Brands. Moody's credit analysis considers the consolidated QVC
Group organization and all credit metrics quoted are at the QVC
Group level. QVC, Inc. was founded in 1986 and has operations in
the US, UK, Germany, Japan and Italy. Annual revenue at QVC Group,
Inc. was about $9.6 billion for LTM period ended June 30, 2025.
The principal methodology used in these ratings was Retail and
Apparel published in September 2025.
Liberty Interactive's Caa3 CFR is set four notches below its
scorecard-indicated outcome of B2 which reflects the company's
significant refinancing risk and possibility of a capital structure
restructuring. The differential also reflects Moody's expectations
of a continuation of financial performance weakness which will
erode credit metrics and liquidity.
LIVE NATION: Moody's Rates Proposed Secured Loans 'Ba1'
-------------------------------------------------------
Moody's Ratings assigned Ba1 ratings to Live Nation Entertainment,
Inc.'s (Live Nation) proposed new senior secured multi-currency and
venue expansion revolving credit facilities, new senior secured
delayed draw term loan A, and new senior secured term loan B.
Moody's also affirmed the company's Ba2 corporate family rating,
Ba2-PD probability of default rating, Ba1 ratings on its senior
secured notes due 2027 and 2028, and the Ba3 rating on its senior
unsecured notes due 2027. The company's speculative grade liquidity
rating (SGL) was unchanged at SGL-1. The outlook remains stable.
The Ba1 ratings on the company's existing senior secured revolving
credit facilities due 2029 and senior secured term loan B due 2026,
and the Ba3 rating on its senior unsecured notes due 2026 have been
reviewed in the rating committee and they remain unchanged. The
ratings will be withdrawn when the refinancing transaction closes
and they are repaid.
Live Nation is proposing to raise $1.3 billion senior secured term
loan B due 2032, $700 million delayed draw senior secured term loan
A due 2030, and $1.4 billion convertible notes (including
greenshoe) due 2031. The company is also proposing to amend and
extend the maturity of its revolving credit facilities that total
$1.7 billion to 2030 from 2029. Live Nation plans to use the
proceeds from the transaction to repay $775 million of drawings
under its revolving credit facilities, repay $824 million
outstanding under its senior secured term loan B due 2026, repay
$300 million outstanding under its 5.625% senior unsecured notes
due 2026, and retain the remainder as cash on its balance sheet for
general corporate purposes, including venue expansion. While the
transaction will increase pro forma debt/EBITDA as of LTM Q2/2025
by 0.8x to 4.8x, excluding the impact of the delayed draw term
loan, Moody's expects the ratio to settle towards 4x by the end of
2026.
"The ratings affirmation reflects a balance between the increase in
debt and financial leverage and Moody's expectations that robust
demand for live events will enable the company to expand EBITDA and
sustain debt/EBITDA appropriate for the Ba2 CFR through the next 12
to 18 months", said Peter Adu, a Moody's Ratings analyst.
A comprehensive review of all credit ratings for the respective
issuer(s) has been conducted during a rating committee.
RATINGS RATIONALE
Live Nation's Ba2 CFR benefits from: (1) a large scale and strong
market position, enhanced by established relationships with
performing artists, which create substantial barriers to entry; (2)
sustainable and predictable cash flow due to its established
platform for concert promotions and ticketing; (3) material
improvement in debt/EBITDA post COVID-19 pandemic, supported by
EBITDA growth, together with Moody's expectations that the ratio
will be sustained towards 4x by the end of 2026 (pro forma 4.8x for
LTM Q2/2025); (4) good long term growth prospects, especially in
emerging markets where rising middle class incomes will drive
increased consumption of live events; and (5) very good liquidity
boosted by positive free cash flow generation. The rating is
constrained by: (1) reputational and regulatory risks from periodic
publicity and ongoing lawsuits while exposed to event risk of
regulatory changes addressing its substantial market position or
mandated consumer protection initiatives; (2) a business model that
is tied to live events, which are discretionary and subject to
material volatility as was experienced during the pandemic; and (3)
governance risks stemming from its lack of a publicly articulated
financial leverage target despite having an acquisition growth
strategy together with its ownership profile, which could introduce
shareholder friendly actions.
Live Nation will maintain three classes of debt when the
refinancing transaction closes even though the relative proportions
will vary: (1) Ba1-rated senior secured credit facilities
(revolvers, delayed draw term loan A and term loan B) and senior
secured notes; (2) Ba3-rated senior unsecured notes; and (3)
unrated subordinated convertible notes. The Ba1 rating on the
company's secured debt is one notch above the CFR to reflect their
preferential access to realization proceeds as well as loss
absorption capacity provided by junior ranking unsecured notes and
subordinated convertible notes. The Ba1 rating incorporates a one
notch override because the security package is provided by domestic
restricted subsidiaries and there is material value in the foreign
subsidiaries that do not provide guarantees. Also, the proportions
of secured, unsecured and convertible debt in the capital structure
have changed over time. The unsecured notes are rated Ba3, one
notch below the CFR, to reflect the sizeable amount of secured debt
ranking ahead of them.
The new credit facilities include the following: incremental pari
passu debt capacity up to the greater of a corresponding dollar
amount and 100% of LTM EBITDA, plus unlimited amounts subject to
4.5x secured leverage ratio. There is an inside maturity sublimit
up to 75% of LTM EBITDA. The credit agreement is expected to
include "J. Crew" and "Chewy" blockers. The credit agreement is
expected to provide some limitations on up-tiering transactions,
requiring affected lender consent for amendments that subordinate
the debt or liens.
Live Nation has very good liquidity (SGL-1) through September 30,
2026, with sources approximating $4.3 billion while the company
will address debt maturities in this time frame as part of its
refinancing transaction. Liquidity sources include pro forma
unrestricted cash of about $1.9 billion ($7.1 billion balance sheet
cash less $1.7 billion in ticketing client cash, $4.3 billion in
net event-related deferred revenue and accrued artist fees, and
about $800 million cash to the balance sheet from the refinancing
transaction), full availability under its new $1.3 billion
revolving credit facility and new $400 million venue expansion
revolving credit facility, both expiring in October 2030, and
Moody's free cash flow estimate of about $700 million over the next
12 months. Moody's expects the company to remain in compliance with
a 6.75x net leverage covenant, with a step down to 6.25x on March
31, 2027 (more than 40% cushion). Live Nation has limited ability
to generate liquidity from asset sales.
The outlook is stable because Moody's expects the company to
continue demonstrating good operating performance and maintaining
very good liquidity while sustaining debt/EBITDA towards 4x by the
end of 2026. The stable outlook also assumes that the outcomes of
the US Department of Justice (DOJ) and the US Federal Trade
Commission (FTC) lawsuits will be manageable for the company.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company's operating
fundamentals continue to improve, including growth in revenue and
EBITDA while maintaining very good liquidity and sustaining
debt/EBITDA towards 3x and EBITA/Interest above 4.5x.
The ratings could be downgraded if the company's growth strategy
were challenged, evidenced by material revenue or EBITDA declines
or if it sustains debt/EBITDA above 4.5x and EBITA/Interest below
3.5x. Weak liquidity, possibly due to negative free cash flow
generation on a consistent basis could also cause a downgrade.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Live Nation, headquartered in Beverly Hills, California, owns,
operates and/or exclusively books venues and promotes live
entertainment with operations in North America, Europe, Asia and
South America. The company also operates a leading live
entertainment ticketing and marketing company (Ticketmaster).
LIVE NATION: S&P Rates New $1.3BB Senior Secured Term Loan 'BB'
---------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '2'
recovery rating to Beverly Hills, Calif.-based Live Nation
Entertainment Inc.'s proposed $1.3 billion senior secured term loan
B due 2032. The '2' recovery rating indicates its expectation for
substantial (70%-90%; rounded estimate: 85%) recovery for
debtholders in the event of a default. The company plans to use the
net proceeds from this offering, along with the issuance of $1.3
billion senior unsecured convertible notes due 2031 (not rated) and
$100 million of greenshoe options, to refinance its existing term
loan B due 2026, pay down its 5.625% senior notes due 2026, repay
its $775 million revolver balance, and add cash to the balance
sheet for general corporate purposes. Live Nation also plans to
extend the revolver maturity to 2030 from 2029 and issue a $700
million delayed-draw term loan A due 2030 (undrawn at close) to
fund growth initiatives, including venue development.
The proposed refinancing is net leverage neutral and will improve
Live Nation's debt maturity profile. S&P said, "We view the
proposed convertible notes as structurally subordinate to both the
senior secured debt and senior unsecured notes because they won't
have guarantees. The notes will improve the recovery prospects for
the company's senior unsecured noteholders. As a result, we revised
our recovery rating on Live Nation's existing senior unsecured
notes to '4' from '5' and raised the issue-level rating to 'BB-'
from 'B+'. The '4' recovery rating indicates our expectation for
average (30%-50%; rounded estimate: 30%) recovery for noteholders
in the event of a default." The revised recovery rating reflects
the lower amount of senior unsecured notes outstanding under our
simulated default scenario, leaving more residual value for
unsecured noteholders. It also reflects a higher valuation of the
business following Live Nation's strong performance, new venue
expansions, and improved scale.
S&P said, "Our 'BB-' issuer credit rating and negative outlook on
Live Nation are unchanged. The rating reflects the company's
leading market share in event ticketing (through subsidiary
Ticketmaster) and its strong competitive position in the live
entertainment industry. The rating also reflects our expectation
for the company to continue to benefit from strong event supply
despite some macroeconomic uncertainty. The negative outlook
reflects the Department of Justice (DoJ) and Federal Trade
Commission (FTC) lawsuits, which could result in divestitures, a
permanent injunction, or financial compensation. Although we
forecast Live Nation's adjusted leverage to be below 4x, which is
low for the 'BB-' rating, we're unlikely to raise the rating or
revise the outlook to stable until the potential impact of the
lawsuits becomes clearer and we believe the consequences aren't
severe and won't impair the company's business position or
financial profile."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- Following the proposed transaction, Live Nation's capital
structure will consist of a $1.7 billion revolving credit facility
(RCF) due 2030 (assumed 85% drawn at hypothetical default), $1.3
billion of term loan B due 2032, $1.2 billion of 6.5% senior
secured notes due 2027, $500 million of 3.75% senior secured notes
due 2028, $950 million of 4.750% senior unsecured notes due 2027,
$1.0 billion of 3.125% convertible notes due 2029, $1.1 billion of
2.875% convertible notes due 2030, and $649 million of other
long-term debt. The convertible notes aren't rated and don't
benefit from any guarantees, making them structurally subordinate
to the senior secured debt and senior unsecured notes.
-- S&P's simulated default considers a default in 2029 due to
heightened regulatory scrutiny, competition from larger primary
ticketing peers, and legal concerns, such as the potential
disruption of Live Nation's competitive position from the antitrust
lawsuit.
-- In a hypothetical default, S&P believes Live Nation's lenders
would pursue a reorganization rather than a liquidation due to its
favorable brand and established relationship with suppliers and
customers.
-- The senior secured credit facility is secured by a
first-priority lien on substantially all the tangible and
intangible personal property and domestic subsidiaries that are
guarantors; a pledge of substantially all of the shares of stock,
partnership interests, and limited liability company interests of
direct and indirect domestic subsidiaries; and 65% of each class of
capital stock of any first-tier foreign subsidiaries (subject to
certain exceptions).
-- S&P assumes an obligor/nonobligor split of 55%/40%/5% to its
estimated distressed net enterprise value (EV). This is based on
its assumption that about 65% of the net distressed EV is
attributable to U.S. operations and the value of unpledged U.S.
collateral is about 5% of its net distressed EV estimate. S&P's
collateral allocation assumes that U.S. secured lenders benefit
from Live Nation's U.S. intellectual property and artist
contracts.
-- Other default assumptions include an 85% draw on the RCF, SOFR
is 2.5%, and all debt amounts include six months of prepetition
interest.
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: $829.5 million
-- EBITDA multiple: 6.5x
-- Estimated gross enterprise value at emergence: About $5.392
billion
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): About
$5.122 billion
-- Valuation split (obligors/nonobligors/unpledged): 55%/40%/5%
-- Net value available to senior secured debtholders: About $4.514
billion
-- Estimated senior secured debt claims: About $5.204 billion
-- Recovery expectations: 70%-90% (rounded estimate: 85%)
-- Net value available to senior unsecured debtholders: About $973
million
-- Estimated senior unsecured debt claims (including deficiency
claims): About $2.814 billion
-- Recovery expectations: 30%-50% (rounded estimate: 30%)
*All debt amounts include six months of prepetition interest.
LIVEONE INC: Appeals Nasdaq Delisting Following Reverse Split
-------------------------------------------------------------
As previously reported, on March 28, 2025, the staff of the Listing
Qualifications Department of The Nasdaq Stock Market, LLC notified
LiveOne, Inc. that the listing of the Company's shares of common
stock, $0.001 par value per share, was not in compliance with
Nasdaq Listing Rule 5550(a)(2) as a result of the bid price of the
Company's common stock having closed at less than $1.00 per share
over the then previous 30 consecutive business days.
On September 25, 2025, the Company received a delist determination
letter from the Staff advising the Company that the Staff had
determined that the Company did not regain compliance with the Bid
Price Rule by the September 24, 2025 deadline, and that the Company
was not eligible for a second 180 day extension period due to the
Company not meeting the minimum stockholders' equity initial
listing requirement for The Nasdaq Capital Market. Accordingly,
unless the Company requested an appeal of this determination by
October 2, 2025, the Staff had determined that the Company's
securities would be scheduled for delisting from The Nasdaq Capital
Market.
As a result of effecting the Reverse Stock Split and timely filing
the Appeal, the Company fully expects to regain compliance with the
Bid Price Rule and to continue to trade on The Nasdaq Capital
Market under the symbol "LVO".
On September 25, 2025, the Company timely appealed the Staff's
delisting determination by submitting a hearing request to the
Nasdaq Hearings Panel, which request automatically stays the
delisting of the Company's common stock by the Staff at least until
the hearing process concludes and any extension granted by the
Panel expires. In the interim, the Company's common stock will
continue to trade on Nasdaq under the symbol "LVO" at least pending
the ultimate conclusion of the hearing process.
As previously reported, the Company received approval from Nasdaq
to effect a one-for-ten reverse stock split of the Company's
outstanding shares of common stock. The Company effected the
Reverse Stock Split in the market on September 26, 2025 and its
common stock began trading on The Nasdaq Capital Market on a
split-adjusted basis at the market open on such date.
At the Panel hearing, the Company intends to present a plan to
regain compliance with the Bid Price Rule. The Panel may, in its
discretion, determine that the Company has demonstrated compliance
with the Bid Price Rule and/or grant the Company up to an
additional 180-day compliance period to regain compliance and
maintain its Nasdaq listing. There can be no assurance that the
Company's plan will be accepted by the Panel, that such appeal will
be successful or that the Company will be able to regain compliance
with the Bid Price Rule.
In addition, there can be no assurance that in the future the
Company will be able to maintain compliance with the Bid Price Rule
and/or comply with the other applicable Nasdaq continued listing
requirements and thereby be able to maintain the listing of its
common stock on The Nasdaq Capital Market.
About LiveOne
Headquartered in Beverly Hills, California, LiveOne, Inc. --
www.liveone.com -- is a creator-first, music, entertainment and
technology platform focused on delivering premium experiences and
content worldwide through memberships and live and virtual events.
The Company is a pioneer in the acquisition, distribution and
monetization of live music events, Internet radio,
podcasting/vodcasting and music-related membership, streaming and
video content. Through its comprehensive service offerings and
innovative content platform, it provides music fans the ability to
listen, watch, attend, engage and transact. Serving a global
audience, the Company's mission is to bring the experience of live
music and entertainment to consumers wherever music and
entertainment is watched, listened to, discussed, deliberated or
performed around the world.
As of June 30, 2025, the Company had $48.9 million in total assets,
$61.0 million in total liabilities, and $12.1 million in total
stockholders' deficit.
New York, New York-based Macias Gini & O'Connell LLP, the Company's
auditor since 2022, a "going concern" qualification dated July 15,
2025, attached to the Company's Annual Report on Form 10-K for the
fiscal year ended March 31, 2025. Macias Gini & O'Connell cited
that the Company has suffered recurring losses from operations,
negative cash flows from operating activities and has a net capital
deficiency. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
LOS TRECE TEXAS: St. Amas Win Bid to Dismiss Bankruptcy Case
------------------------------------------------------------
Judge Shad M. Robinson of the United States Bankruptcy Court for
the Western District of Texas granted the motion filed by Darrin
and Jayme St. Ama to dismiss Los Trece Texas, LLC's bankruptcy
case. The Court will grant the Motion to Dismiss under 11 U.S.C.
Sec. 1112(b)(1) and (b)(4) and will dismiss the case with
prejudice.
Los Trece Texas, LLC operates a wild west themed attraction located
at 3901 Hwy. 84-183 E., Early, Texas, commonly referred to as "Los
Trece". On March 7, 2023, one of the Debtor's principals, Carrie
Wells, agreed to purchase the Los Trece business assets --
including the underlying real estate -- from the St. Amas for
$2,047,013.00.
To acquire the real and personal property used to operate Los
Trece, the Debtor executed a promissory note dated March 7, 2023 in
the original principal amount of $1,812,013.00 payable to the St.
Amas. To secure the Note, the St. Amas recorded a deed of trust
against the real property where the Los Trece business was
operated.
The Debtor started making monthly payments on the Note in September
2023, but in the late spring of 2024, the Debtor requested that the
St. Amas renegotiate the terms of the Note. The St. Amas apparently
did not agree to renegotiate the terms of the Note and instead
posted the Real Property for a June 4, 2024 foreclosure sale.
On July 1, 2024, Debtor filed a voluntary petition for relief under
Chapter 11 Subchapter V. The parties agree that Debtor filed this
bankruptcy case to prevent the St. Amas from foreclosing on the
Real Property. The Deed of Trust was signed by Ms. Wells,
Christopher Chitsey, and Kacy Wells, each of whom was identified as
a member of the Debtor.
On May 29, 2024, the Debtor filed suit against the St. Amas in
state district court in Brown County, Texas, asserting claims
against the St. Amas for breach of contract, negligent
misrepresentation, negligence, common law fraud, statutory fraud,
and Texas Deceptive Trade Practices Act violations. The state court
case was styled and numbered Los Trece Texas, LLC, Plaintiff, vs.
Darren B. St. Ama and Jayme L. St. Ama, Defendants, Cause No.
CV2405166, previously pending in the 35th Judicial District Court
in Brown County, Texas.
The Original Schedules and SOFA value the Debtor's interest in the
Real Property at $1,152,570.00 as of the Petition Date. In the
Amended Schedules, Debtor lowered its valuation of the Real
Property from $1,152,570.00 to $600,000.00. The Amended Schedules
still did not disclose any possession, ownership, or leases of any
tiny homes or recreational vehicles.
On September 30, 2024, the Debtor filed its original Subchapter V
Plan, which valued the Real Property at $600,000.00. The Original
Plan projected the Debtor's monthly revenue would increase
substantially and continue to trend upwards during the Original
Plan's term. The Original Plan provided that no executory contracts
or unexpired leases would be assumed. The liquidation analysis
attached to the Original Plan did not include any valuation for
tiny homes or recreational vehicles. The terms of the Original Plan
also did not require Ms. Wells, Mr. Wells, Mr. Chitsey, KC REI, or
any other person or entity affiliated with Debtor to provide
financial support to the Debtor to perform its obligations under
the Original Plan.
The St. Amas voted against the Original Plan and the Subchapter V
Trustee filed an objection to confirmation. The Subchapter V
Trustee stated that the Debtor's projections did not appear
consistent with post-petition operations. The Subchapter V Trustee
noted that there was no other outside source of funding and no cash
contribution outside of the Debtor's income from post-petition
operations. The Subchapter V Trustee observed that the Original
Plan did not specify that the Debtor's property would revest to the
Debtor once all payments were made only if the Original Plan was
confirmed under Sec. 1191(b).
On January 24, 2025, the Debtor filed an amended Subchapter V Plan.
The Amended Plan reduced the amount available to pay creditors by
91,086.00. Simultaneously with the filing of the Amended Plan, the
Debtor filed a motion for a scheduling conference and requested
that the plan confirmation hearing occur either with, or after
completion of, the trial in the Adversary Proceeding. On January
28, 2025, the St. Amas filed the Motion to Dismiss.
According to the December 2024 monthly operating report, the Debtor
had negative $10,821.67 in cash on hand and $12,338.56 in unpaid
bills at the end of December. The Debtor generally has not met the
monthly projected cash receipts set forth in the monthly operating
reports. The Debtor admits it has not been profitable. The parties
agree that the St. Amas have received no payments from the Debtor
since June 1, 2024.
The St. Amas allege that this case is primarily a two-party dispute
between them and a dishonest debtor. The St. Amas assert that the
Debtor:
(1) has failed to make honest disclosures in its bankruptcy
filings, such as improperly scheduling secured creditors as
unsecured;
(2) has filed monthly operating reports reflecting no chance of
reorganization;
(3) has filed the Original Plan that the Debtor later admitted
was not confirmable;
(4) has filed an unconfirmable Amended Plan; and
(5) has failed to adequately maintain the Real Property since
the bankruptcy case was filed.
The Debtor denies that this bankruptcy is a two-party dispute,
given that there are other creditors. The Debtor alleges that
unlike most two-party disputes, in this case there is no attempt to
impede or relitigate a matter that was decided unfavorably in state
court. The Debtor states that its ability to operate the business
has suffered because the St. Amas have been "trash-talking" the
Debtor in the local community which has impacted Debtor's business
operations. The Debtor also alleges that the Real Property is in
better condition now than it was at the time of purchase.
The Debtor asserts there is serious doubt as to whether it even
owes any money to the St. Amas. The Debtor requests that the
Adversary Proceeding be allowed to continue such that the Court may
resolve the "fundamental question" of the St. Amas' standing as a
creditor.
The Court finds:
(1) cause exists to dismiss this case because there is
substantial or continuing loss to or diminution of the estate and
an absence of a reasonable likelihood of rehabilitation under Sec.
1112(b)(4)(A).
(2) there are no unusual circumstances identified and proven by
the Debtor under Sec. 1112(b)(2) which would establish that
dismissal or conversion of the case is not in the best interest of
creditors and the estate.
(3) there is bad faith present.
The finding of bad faith constitutes additional grounds for
dismissal under Secs. 1112(b)(4) and 1129(a)(3) and warrants
dismissal with prejudice for 180 days.
A copy of the Court's Memorandum Opinion is available at
http://urlcurt.com/u?l=U96vdn
About Los Trece Texas, LLC
Los Trece Texas LLC is a destination for events, weekly live music,
food, and hand-crafted cocktails.
Los Trece Texas LLC sought relief under Subchapter V of Chapter 11
of the Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-10768) on July
1, 2024. In the petition signed by Carrie Wells, as manager, the
Debtor estimated assets and liabilities between $1 million and $10
million.
The Honorable Bankruptcy Judge Shad Robinson oversees the case.
The Debtor is represented by:
Stephen W Sather, Esq.
BARRON & NEWBURGER, P.C.
7320 N. MoPac Expressway 400
Austin, TX 78731
Tel: (512) 649-3243
Email: ssather@bn-lawyers.com
MARYLAND HEALTH: Case Summary & 13 Unsecured Creditors
------------------------------------------------------
Debtor: Maryland Health Alliance Inc.
7525 Greenway Center Drive, Suite 207
Greenbelt, MD 20770
Case No.: 25-19411
Business Description: Maryland Health Alliance Inc. operates as an
outpatient mental health practice providing
counseling and rehabilitation services to
individuals and families in Maryland. The
organization offers group therapy and
psychiatric rehabilitation programs with an
emphasis on culturally competent care and
community engagement. It focuses on
promoting personal growth, family well-
being, and holistic approaches to mental
health within the communities it serves.
Chapter 11 Petition Date: October 8, 2025
Court: United States Bankruptcy Court
District of Maryland
Judge: TBD
Debtor's Counsel: Eric S. Steiner, Esq.
STEINER LAW GROUP, LLC
3030 Greenmount Ave.
Suite 300, PMB 83805
Baltimore, MD 21218-6907
Tel: (410) 670-7060
Fax: (410) 834-1743
Email: info@steinerlawgroup.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Corey A. Williams as president.
A full-text copy of the petition, which includes a list of the
Debtor's 13 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FDDDTPQ/Maryland_Health_Alliance_Inc__mdbke-25-19411__0001.0.pdf?mcid=tGE4TAMA
MEDICAL SOLUTIONS: Nuveen Credit Marks $3.1MM 1L Loan at 44% Off
----------------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its
$3,135,000 loan extended to Medical Solutions Holdings, Inc. to
market at $1,741,226 or 56% of the outstanding amount, according to
Nuveen Credit's Form N-CSR for the fiscal year ending July 31,
2025, filed with the U.S. Securities and Exchange Commission.
JQC is a participant in a First Lien Term Loan to Medical Solutions
Holdings, Inc. The loan accrues interest at a rate of 7.908% per
annum. The loan matures on Novembe1, 2028.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, IL 60606
Telephone: (800) 257‑8787
About Medical Solutions Holdings, Inc.
Medical Solutions Holdings, Inc. operates as a holding company. The
Company, through its subsidiaries, provides clinical and
non-clinical solutions to healthcare clients, such as nursing,
allied, therapy professions, and medical services. Medical
Solutions serves patients worldwide.
METROPOLIS TECHNOLOGIES: Moody's Assigns First Time 'B3' CFR
------------------------------------------------------------
Moody's Ratings assigned a first-time B3 corporate family rating
and B3-PD probability of default rating to Metropolis Technologies,
Inc. (Metropolis) in connection with the company's refinancing
transaction. At the same time, Moody's assigned B3 ratings to the
company's proposed $150 million senior secured revolving credit
facility due 2030 and a $1.1 billion senior secured term loan B due
2032. The outlook is stable. Metropolis is the largest parking
operator in the US and develops artificial intelligence technology
for checkout-free payments and seamless user experiences.
Proceeds from the new term loan and planned new Series D preferred
stock will be used to refinance the company's existing
indebtedness, redeem a portion of its outstanding Series C
preferred stock and pay related fees and expenses. The company's
new 5-year $150 million revolving credit facility is expected to be
undrawn at closing. The proposed refinancing follows the company's
May 2024 transformational acquisition of SP Plus Corporation (SP
Plus), the largest parking operator in North America, for an all
cash deal valued at around $1.6 billion. The refinancing
transaction is expected to close in October 2025.
Governance considerations were a key rating driver. Governance
risks include the company's high debt/EBITDA leverage, ownership
concentration, weak quality of earnings resulting from substantial
EBITDA addbacks, constrained free cash flow generation, and the
history of growth through acquisitions. Co-founders and employees
remain large minority shareholders with the remaining equity
largely held by institutional investment funds. Notably, the board
lacks independent directors; however, co-founders and employees
control half of the board seats, thereby retaining decisive
authority over principal corporate and financial matters.
RATINGS RATIONALE
The B3 CFR reflects Metropolis' high pro forma debt/EBITDA leverage
of 6.6x as of the twelve months ended June 30, 2025 (based on
Moody's calculations and incorporating full year EBITDA
contribution from recent acquisitions), its operations in the
highly fragmented and competitive parking operations industry with
high fixed overhead and partially unionized workforce, moderate
scale (on net revenue basis, excluding reimbursed expenses), and
limited track record of operating as a combined company. Recent
transactional expenses following the acquisition of SP Plus in May
2024 have significantly impacted earnings quality and cash flow.
The large proportion of these one-time expenses, along with
anticipated cost to achieve synergies and technology deployments
will continue to limit the company's cash flow generation over the
next 12-18 months. However, Moody's believes Metropolis can reduce
debt/EBITDA leverage over the next 12-18 months through
profitability and margin improvements from deploying Metropolis'
technology across the SP Plus existing parking facilities, as well
as strategically growing new locations within existing markets.
Metropolis' ratings are negatively impacted by corporate governance
risks given the company's concentrated ownership and aggressive
financial policies. Metropolis' capital structure includes multiple
equity classes, including Series C preferred stock with a 12%
coupon (subject to board approval, paid in cash or paid-in-kind)
and a put option. Absent a qualified IPO, additional debt may be
taken by the company to redeem equity. Incremental risk in
Metropolis also stems from its exposure to cyclical travel patterns
and moderate seasonality.
The company's ratings are supported by its strong market
positioning as the largest US parking operator with vertically
integrated technology solutions, managing over 4,200 locations and
serving nearly 19 million registered users on its platform. The
company's vertical integration enhances operational efficiency and
supports direct consumer relationships. Metropolis is actively
deploying proprietary computer vision technology across its SP Plus
portfolio. The company benefits from stable demand from ongoing
technology conversions, high barriers to entry, and a diversified
client base exceeding 1,500, with the top 10 clients contributing
less than 15% of gross profit. Approximately 89% of the company's
contracts operate under long-term management agreements, which
provide for a base monthly fee plus a margin generated on
pass-through expense reimbursement. The remaining 11% of contracts
are structured under lease terms. While management contracts yield
less revenue than lease agreements, they insulate Metropolis from
the risks of underperforming locations and ultimately enhance the
company's stability. According to the company, the gross profit
retention for all Metropolis' properties was around 98% as of
twelve months ended June 30, 2025. Moody's expects the company will
continue to expand organically and through technology-driven
initiatives, including ventures into adjacencies like quick service
restaurants (QSRs) and refueling stations. The company's strategy
is supported by a shift toward higher-margin payments and
technology revenue, alongside operational efficiencies. The
company's ratings are further supported by Moody's expectations
that Metropolis will maintain adequate liquidity and will not
pursue debt-funded acquisitions over the next 12-18 months.
The stable outlook reflects Moody's expectations that Metropolis
will sustain organic revenue and EBITDA growth in the low to mid
single-digit percentage range over the next 12-18 months,
successfully integrate recent acquisitions and deliver targeted
cost synergies. Moody's anticipates the company will reduce its
debt/EBITDA (based on Moody's calculations) to about 6.0x,
improving cash flow generation and maintaining adequate liquidity.
Moody's expects Metropolis will maintain adequate liquidity over
the next 12-15 months. Liquidity sources include a $50 million cash
balance at the close of the refinancing transaction, Moody's
expectations for modestly positive free cash flow through 2026, and
access to a proposed $150 million revolving credit facility due
2030, undrawn at closing. The company has moderate seasonality,
largely driven by travel, with the first quarter typically more
negative because of deferred revenue swings, which normalizes in
the second quarter. Free cash flow will also be affected by
acquisition and integration expenses that will strain cash over the
next year. Moody's believes that all available liquidity sources to
the company provide sufficient coverage relative to the annual
mandatory term loan amortization of $11 million, paid quarterly.
While there are no financial maintenance covenants on the term
loan, the revolver is subject to a springing first lien net
leverage ratio set at 9x, as defined in the credit agreement, if
the amount drawn at the end of any fiscal quarter exceeds 35% of
revolving credit commitments. Moody's do not expect the covenant to
be triggered over the near term and believe there is ample cushion
within the covenant based on the projected earnings levels for the
next 12-15 months.
The B3 ratings on Metropolis Technologies Inc.'s senior secured
revolving credit facility and term loan B are the same as the B3
CFR because there is a single class of debt in the company's
capital structure. Metropolis Technologies Inc, is the borrower
under the senior secured credit facilities (revolver and term loan
B) and the audited entity. The credit facilities benefit from
secured guarantees of the borrower and its wholly-owned existing
and subsequently acquired material subsidiaries.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following: incremental pari passu
debt capacity up to the greater of $209 million and 100% of
consolidated LTM EBITDA, plus unlimited amounts subject to the
closing date first-lien net leverage. There is no inside maturity
sublimit. A "blocker" provision restricts the transfer of material
intellectual property to any subsidiary which is not a loan party.
No unrestricted subsidiary will be allowed to own, hold or have an
exclusive license with respect to any material intellectual
property. The credit agreement is expected to include a "Serta"
protection.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Moody's expects Metropolis will
maintain organic revenue and EBITDA growth in the low to mid
single-digit percentage range, debt/EBITDA (based on Moody's
calculations) is sustained below 6x, EBITA/interest expense (based
on Moody's calculations) above 1.5x and free cash flow/debt above
3%, while maintaining good liquidity. The ratings upgrade would
also require the company to maintain balanced financial policies.
The ratings could be downgraded if revenue or earnings contract,
anticipated acquisition synergies or cost synergies fail to
materialize, leading to Moody's expectations that debt/EBITDA will
be sustained above 7.5x for a prolonged period or EBITA/interest
falls below 1x. Furthermore, any deterioration in liquidity –
such as Moody's expectations for negative free cash flow generation
- could also exert downward pressure on the ratings. The adoption
of more aggressive financial strategies, including debt-financed
acquisitions or shareholder distributions, may also result in a
negative rating action.
Metropolis, based in Santa Monica, California, Metropolis is the
largest parking operator in the US and develops artificial
intelligence technology for checkout-free payments and seamless
user experiences. Metropolis holds a portfolio across multiple
sectors, including US airports, stadiums, hospitals and major
commercial real estate portfolios. Metropolis generated gross
revenue of $2.1 billion on a GAAP basis—approximately $1 billion
in net revenue as of the twelve months ended June 30, 2025.
Ownership is held by four co-founders, employees, along with a
broad base of investors and employees.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
METROPOLIS TECHNOLOGIES: S&P Assigns 'B-' ICR, Outlook Stable
-------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issuer credit rating to
parking operator and AI technology company Metropolis Technologies
Inc.
S&P said, "At the same time, we assigned our 'B-' issue-level
rating and '3' recovery rating to the proposed term loan B facility
and the $150 million revolving credit facility. The '3' recovery
rating indicates our expectation for meaningful (50%-70%; rounded
estimate: 55%) recovery in the event of a default.
"The stable outlook reflects our expectation that Metropolis will
continue delivering solid revenue growth while improving EBITDA
margins and integrating its SP Plus acquisition." This progress
should result in deleveraging from projected 12.4x S&P adjusted
leverage in 2025 to about 8.1x in 2026 while free operating cash
flow (FOCF) turns positive.
Metropolis' leading technology and scale position it well in an
evolving industry. Following its 2024 acquisition of SP Plus,
Metropolis is the largest parking operator in the U.S. The company
is integrating its AI-based computer vision technology and
automated payment platform into its own managed parking locations.
S&P said, "We expect its scale and technological advantage will
eventually drive a positive network effect for its users over time.
As Metropolis expands its portfolio of tech-enabled parking lots,
it should enhance its ability to attract new users by increasing
available parking options, supporting sustained growth. The
company's vertically integrated business model and digitization
also lowers staffing costs and provides data and analytics and
dynamic pricing to uplift revenue and margins. These factors, along
with long-term service contracts, create a sticky customer base
with sustained good gross profit retention (currently 98%).
"Metropolis acquired Oosto in January 2025, expanding its
capabilities to include biometric security and access solutions.
While not projected in our base case, we think Oosto could provide
cross selling opportunities by offering threat detection and risk
mitigation services to existing Metropolis customers."
The parking industry is a fragmented and highly competitive space,
and other operators are also adopting technologies to improve
operational efficiency. Meanwhile, Metropolis has a short track
record, and we see some execution risk associated with the
integration of its technology into its recently acquired parking
portfolio. S&P said, "Broader consumer acceptance of its parking
technology (and the associated payment fees) remains uncertain, in
our view. While Metropolis has a clear technological advantage, we
think the parking operator industry is crowded. Therefore,
Metropolis' will achieve more of its growth through providing more
competitive offers than its competitors or by acquiring
competitors."
Metropolis' business model limits volatility amid changing business
environments. A variety of factors such as macroeconomic and
microeconomic conditions, traveling trends, zoning laws, and
regulations can influence end-customer demand for parking services.
S&P said, "We think Metropolis is somewhat insulated from these
risks because it operates about 90% of its locations under
management contracts, where it typically collects a fixed fee for
its services while parking lot revenue and operating costs
(including staffing, cleaning, and maintenance) are passed on to
the property owner. This also limits some profit margin pressure in
scenarios of rising wages or other operating costs. We expect this
will keep Metropolis' profitability stable as it continues to
scale. While management contracts are largely fixed, Metropolis can
collect additional incentive fees if gross revenues exceed its
clients' budget."
Growth in its payments and software segment will drive both revenue
and margin improvement for Metropolis. Along with parking
management services (Metropolis' largest segment, at about
two-thirds of net revenue) and transportation services (about
one-quarter of net revenue), Metropolis also earns revenue from its
payment and software segment. The company generates revenue in this
segment from transaction fees it charges for using its computer
vision technology. S&P said, "With modest capital needed to deploy
its technologies, we expect the company will continue to convert
additional locations. This should drive rapid growth for the
segment and increase the mix of higher-margin payments and software
revenue over time, expanding consolidated profit margin. Our
forecast reflects S&P Global Ratings-adjusted EBITDA margin
improving from an estimated 7.2% in 2025 to 12.5% by 2027."
Metropolis will deleverage from elevated levels, but success is
predicated on execution of synergy initiatives. S&P said,
"Following the proposed transaction, Metropolis will have about
$1.9 billion of S&P Global Ratings-adjusted debt, which includes
the expected remaining $591 million series C senior preferred
stock, which accumulates interest paid in kind (PIK) at 12%
annually through our forecast. We also include lease and workers'
compensation liabilities in our measure of debt. We net cash, less
$10 million assumed to be held physically across parking locations
and generally unavailable to repay debt, against total debt.
Meanwhile, we think one-time costs, including consulting and
transaction related expenses, will drive very high projected
leverage of 12.4x for 2025. Given Metropolis' elevated initial
leverage compared with entities we would typically rate 'B', we
apply a negative comparable ratings analysis modifier to reflect
this additional risk."
Deleveraging after 2025 will depend on adherence to a conservative
financial policy, along with avoiding major leveraging transactions
or dividends. Additionally, it will depend on the continued
integration of SP Plus and realization of planned synergies. S&P
said, "With many of the conversions already under way and under a
proven business model, we expect most of the improvements will be
achieved. We project Metropolis will decrease leverage to 8.1x in
2026, and further to 6.7x in 2027, assuming previously elevated
expenses roll off and it achieves synergies."
S&P said, "The stable outlook reflects our expectation that
Metropolis will continue delivering solid revenue growth while
improving EBITDA margins and integrating its SP Plus acquisition.
This progress should reduce leverage to about 8.1x in 2026 from
12.4x in 2025, while FOCF turns positive.
"We could lower the rating if we view the company's capital
structure as unsustainable in the long term. This could occur if
the company faces significant challenges integrating its
proprietary technology into its portfolio of parking locations,
leading to stalling revenue growth and profit margins that halt its
deleveraging progress.
"We could raise our ratings on Metropolis if we believe the company
will sustain leverage below 7.5x. This could occur if the company
executes its strategy successfully with a steady stream of
conversions of legacy locations to the Metropolis platform driving
growth and margin expansion while it adheres to its stated leverage
target."
MIDWEST MOBILE: Amends Unsecureds & IRS Claims Pay Details
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Midwest Mobile Imaging, LLC, submitted a Second Amended Plan of
Reorganization dated October 1, 2025.
The Debtor proposes to pay the priority claim of the Internal
Revenue Service over 60 months. The Debtor will also pay the
priority claims of the Missouri Department of Revenue over 60
months.
There are fifteen classes of secured claims that are detailed
herein. The Debtor is proposing a distribution of $30,000 for
prorated distribution to the unsecured nonpriority class.
Class 16 consists of the Priority Unsecured Claim of the Internal
Revenue Service (Claim No. 2-3) with $29,415.09 total claim amount.
The claim will be paid 7% interest of 60 months with payments
estimated to be $582.45 per month commencing January 1, 2026. This
Class is impaired.
Class 18 consists of General Unsecured Claims. This Class shall
receive a monthly payment of $500.00 from January 01, 2026 to
December 01, 2030 to be disbursed pro rata to the general unsecured
creditors. The Debtor reserves the right to make annual payments to
certain creditors if the creditor's pro-rata payments total $15.00
or less annually. No interest to be paid. This Class will receive a
distribution of $30,000. This Class is impaired.
The Debtor's Ch. 11 Plan will be implemented from ongoing business
operations, collection against third parties, collection on
insurance company, and contributions from the equity interest
holder of the Debtor.
Subject to the Plan or the order confirming the Plan, on
Confirmation of the Plan all property of the Debtor, tangible and
intangible, including, without limitation, licenses, furniture,
fixtures and equipment, will revert, free and clear of all Claims
and Equitable Interests except as provided in the Plan, to the
Debtor. The Debtor expects to have sufficient cash on hand to make
the payments required on the Effective Date.
The Members and Managers of the Debtor immediately prior to the
Effective Date shall serve as the Members and Managers of the
Reorganized Debtor on and after the Effective Date. Each Member or
Manager shall serve in accordance with applicable non-bankruptcy
law and the Debtor's certificate or articles of organization and
operating agreement, as each of the same may be amended from time
to time.
A full-text copy of the Second Amended Plan dated October 1, 2025
is available at https://urlcurt.com/u?l=4JeJv0 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Colin N. Gotham, Esq.
Evans & Mullinix, P.A.,
7225 Renner Road, Suite 200
Shawnee, KS 66217
Tel: (913) 926-8700
Fax: (913) 962-8701
Email: cgotham@emlawkc.com
About Midwest Mobile Imaging
Midwest Mobile Imaging, LLC, is a full-service mobile diagnostic
x-ray services provider in Springfield, Mo.
Midwest Mobile Imaging sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Mo. Case No. 25-60002) on January
3, 2025, with up to $500,000 in assets and up to $10 million in
liabilities. Dan Taylor, member of Midwest Mobile Imaging, signed
the petition.
Judge Brian T. Fenimore oversees the case.
Colin N. Gotham, Esq., at Evans & Mullinix, PA, represents the
Debtor as legal counsel.
MILOVAN INC: Seeks Subchapter V Bankruptcy in California
--------------------------------------------------------
On October 2, 2025, Milovan Inc. voluntarily filed for Chapter 11
bankruptcy in the Southern District of California. According to the
petition, the company reported total liabilities estimated between
$1 million and $10 million. MILOVAN, INC. stated that the number of
its creditors falls within the 1–49 range.
About Milovan Inc.
Milovan Inc., dba The Market At Hidden Meadows, operates as a local
market with an integrated café and deli, offering an assortment of
menu items such as sandwiches, salads, pizzas, gourmet deli
selections, pastries, soft-serve ice cream, and espresso-based
drinks.
Milovan Inc. sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-04127) on
October 2, 2025. In its petition, the Debtor reports estimated
assets between $100,001 and $1 million and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge J. Barrett Marum handles the case.
The Debtor is represented by Donald Reid, Esq. of Law Office of
Donald W. Reid.
MISSION LANE: Fitch Assigns 'Bsf' Rating on Class F Notes
---------------------------------------------------------
Fitch Ratings has assigned ratings to six classes of Mission Lane
Credit Card Master Trust (MLCCMT), Series 2025-C, fixed-rate notes.
The notes are backed by a revolving pool of receivables that arise
under general purpose, consumer Visa credit card accounts
originated and owned by Transportation Alliance Bank, Inc. (dba TAB
Bank) and WebBank (both partner banks and account owners), and
serviced by Mission Lane LLC (Mission Lane).
The Rating Outlook for the notes is Stable.
Entity/Debt Rating Prior
----------- ------ -----
Mission Lane Credit
Card Master Trust,
Series 2025-C
Class A LT AAAsf New Rating AAA(EXP)sf
Class B LT AAsf New Rating AA(EXP)sf
Class C LT Asf New Rating A(EXP)sf
Class D LT BBBsf New Rating BBB(EXP)sf
Class E LT BBsf New Rating BB(EXP)sf
Class F LT Bsf New Rating B(EXP)sf
KEY RATING DRIVERS
Receivables' Performance and Collateral Characteristics: Underlying
collateral characteristics play a vital role in the performance of
a credit card ABS transaction. Fitch closely examines such
collateral characteristics, including credit quality, seasoning,
geographic concentration, delinquencies and utilization rate on
credit cards. Trust collateral performance has been normalizing
compared to the strength exhibited through the pandemic and is
exhibiting stable patterns in recent periods.
As of the August 2025 collection period, 60+ day delinquencies
decreased to 5.68% from 6.05% a year ago, while gross charge-offs
ticked up to 15.25% from 15.04% in August 2024. Monthly payment
rate (MPR) and gross yield (net of reversals) increased slightly,
to 13.79% and 35.80%, respectively, compared to 13.12% and 35.16% a
year ago.
Credit enhancement (CE) is adequate, with loss multiples in line
with the ratings and Fitch's applicable criteria. The Stable
Outlook on the notes reflects Fitch's expectation that performance
will remain supportive of the ratings.
Originator and Servicer Quality: Fitch considers the partner banks
and Mission Lane to be adequate originators and servicer,
respectively, as evidenced by the historical delinquency and loss
performance of the trust receivables. Mission Lane formerly
operated as the credit card division of LendUp Loans LLC prior to
its 2018 spinoff as an independent company. It has serviced credit
card receivables since 2015, demonstrating extensive experience in
credit card origination and operational stability. The availability
of a warm backup servicer and the depth of the servicing market
further mitigate operational risk.
Counterparty Risk: Fitch's ratings of the notes are dependent on
the financial strength of certain counterparties. Fitch believes
this risk is mitigated by the ratings of the applicable
counterparties to the transactions and contractual remedial
provisions in the transaction documents that are in line with
Fitch's counterparty criteria.
Interest Rate Risk: The transaction carries a degree of interest
rate mismatch, in line with the market. Interest rate risk is
mitigated by the available CE, which comprises of subordination,
overcollateralization in the form of the subordinated transferor
amount (STA) at 3.00%, and a reserve account. CE supporting class
A, B, C, D, E and F notes is 39.79%, 32.96%, 23.41%, 16.18%, 10.16%
and 3.00%, respectively. The reserve account will be funded if the
three-month average excess spread (XS) percentage falls to or below
4.00% and will not be funded at close.
Steady State Assumptions:
- Annualized Charge-offs: 17.00%;
- MPR: 11.00%;
- Annualized Yield: 29.50%;
- Purchase Rate: 100.00%.
Rating Case Assumptions for class A, B and C notes:
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf';
- Charge-offs (multiple): 3.50x/3.00x/2.25x/1.75x/1.50x/1.10x;
- MPR (haircut): 40.00%/35.00%/30.00%/25.00%/15.00%/7.50%;
- Yield (haircut): 35.00%/30.00%/25.00%/20.00%/15.00%/10.00%;
- Purchase Rate (haircut):
100.00%/100.00%/100.00%/100.00%/100.00%/100.00%
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
Rating sensitivity to increased charge-off rate:
Ratings for class A, B, C, D, E and F notes (steady state: 17.00%):
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf';
- Increase steady state by 25%:
'AA+sf'/'A+sf'/'BBB+sf'/'BB+sf'/'BB-sf'/below 'Bsf';
- Increase steady state by 50%:
'AA-sf'/'Asf'/'BBB-sf'/'BBsf'/'Bsf'/below 'Bsf';
- Increase steady state by 75%:
'A+sf'/'BBB+sf'/'BB+sf'/'B+sf'/below 'Bsf' /below 'Bsf'.
Rating sensitivity to reduced MPR:
Ratings for class A, B, C, D, E and F notes (steady state: 11.00%):
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf';
- Reduce steady state by 15%:
'AA+sf'/'A+sf'/'BBB+sf'/'BBB-sf'/'BB-sf'/below 'Bsf';
- Reduce steady state by 25%:
'AA-sf'/'Asf'/'BBBsf'/'BBsf'/'B+sf'/below 'Bsf';
- Reduce steady state by 35%:
'A+sf'/'BBB+sf'/'BB+sf'/'BB-sf'/'Bsf'/below 'Bsf'.
Rating sensitivity to reduced purchase rate:
Ratings for class A, B, C, D, E and F notes (100% base assumption):
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf';
- Reduce steady state by 50%:
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf';
- Reduce steady state by 75%:
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf';
- Reduce steady state by 100%:
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf'.
Rating sensitivity to reduced gross yield:
Ratings for class A, B, C, D, E and F notes (steady state: 29.50%):
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf';
- Reduce steady state by 15%:
'AAAsf'/'AAsf'/'A-sf'/'BBB-sf'/'BB-sf'/below 'Bsf';
- Reduce steady state by 25%:
'AA+sf'/'AA-sf'/'BBB+sf'/'BBB-sf'/'B+sf'/below 'Bsf';
- Reduce steady state by
35%:'AA+sf'/'AA-sf'/'BBB+sf'/'BB+sf'/'Bsf'/below 'Bsf'.
Rating sensitivity to increased charge-off rate and reduced MPR:
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf';
Ratings for class A, B, C, D, E and F notes (charge-off steady
state: 17.00%; MPR steady state: 11.00%):
'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf';
- Increase charge-off steady state by 25% and reduce MPR steady
state by 15%: 'AA-sf'/'Asf'/'BBB-sf'/'BBsf'/'Bsf'/below 'Bsf';
- Increase charge-off steady state by 50% and reduce MPR steady
state by 25%: 'A-sf'/'BBBsf'/'BB-sf'/'Bsf'/below 'Bsf'/below
'Bsf';
- Increase charge-off steady state by 75% and reduce MPR steady
state by 35%: 'BBB-sf'/'BBsf'/'Bsf'/below 'Bsf'/below 'Bsf'/below
'Bsf'.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
Rating sensitivity to reduced charge-off rate:
Ratings for class A, B, C, D, E and F notes (charge-off steady
state: 17.00%): 'AAAsf'/'AAsf'/'Asf'/'BBBsf'/'BBsf'/'Bsf ';
- Reduce steady state by 50%:
'AAAsf'/'AAAsf'/'AAAsf'/'AAsf'/'Asf'/'BBB-sf'.
Some of the subordinate classes of MLCCMT, series 2025-C may be
able to support higher ratings based on the output of Fitch's
proprietary cashflow model. Since the credit card program is set up
as a continuous funding program and requires that any new issuance
does not affect the ratings of existing tranches, the CE levels are
set up to maintain a constant rating level per class of issued
notes and may provide more than the minimum CE necessary to retain
issuance flexibility. Therefore, Fitch may decide not to assign or
maintain ratings above the ratings in anticipation of future
issuances.
USE OF THIRD PARTY DUE DILIGENCE PURSUANT TO SEC RULE 17G -10
Fitch was provided with Form ABS Due Diligence-15E (Form 15E) as
prepared by Deloitte & Touch LLP. The third-party due diligence
described in Form 15E focused on the comparison and recomputation
of certain information with respect to 100 credit card receivable
accounts, selected from a credit card receivable listing with
respect to 2,886,376 credit card receivable accounts. Fitch
considered this information in its analysis, and it did not have an
effect on Fitch's analysis or conclusions.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
MJD GLOBAL: Employs Florida Bankruptcy Group as Counsel
-------------------------------------------------------
MJD Global Disaster Restoration, LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to employ
Kevin C. Gleason of Florida Bankruptcy Group, LLC to represent the
Debtor-in-possession in its Chapter 11 case.
Mr. Gleason will provide these services:
(a) give advice to the Debtor with respect to its powers and
duties as a Debtor-in-possession and the continued management of
its business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
(c) prepare motions, pleadings, orders, applications,
adversary proceedings, and other legal documents necessary in the
administration of the case;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
Mr. Gleason will bill the Debtor $450 per hour, while paralegal
services will be charged at $175 per hour. The Debtor paid a
non-refundable retainer of $5,000 from the personal funds of its
principals, Mr. and Ms. Delvar, and will pay an additional $20,000
from the proceeds of the sale of their homestead property on
October 10, 2025. Court costs of $1,738 and one adversary
proceeding filing fee are also due under the retainer agreement.
Florida Bankruptcy Group, LLC is a "disinterested person" within
the meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Kevin C. Gleason, Esq.
FLORIDA BANKRUPTCY GROUP, LLC
4121 N. 31st Ave.
Hollywood, FL 33021-2011
Telephone: (954) 893-7670
Facsimile: (954) 252-2540
E-mail: BankruptcyLawyer@aol.com
KGPAECMF@aol.com
About MJD Global Disaster Restoration,
LLC
MJD Global Disaster Restoration, LLC, based in Pompano Beach,
Florida, provides disaster restoration services, including water
and fire damage restoration, mold remediation, crime scene cleanup,
and flood recovery for residential and commercial clients.
Established in 2013, the Company offers 24/7 emergency response
across Florida. It operates within the environmental services and
restoration industry and maintains an online presence through
multiple platforms.
MJD Global Disaster Restoration, LLC sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-21681-PDR) on October 2, 2025.
At the time of the filing, the Debtor had estimated assets of
between $10,000,001 and $50 million and liabilities of between
$1,000,001 and $10 million.
Judge Peter D. Russin oversees the case.
Florida Bankruptcy Group, LLC serves as the Debtor's legal counsel.
MJD GLOBAL: Hires Florida Bankruptcy Group as Legal Counsel
-----------------------------------------------------------
MJD Global Disaster Restoration, LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Florida to hire Kevin
C. Gleason of Florida Bankruptcy Group, LLC to serve as legal
counsel in its Chapter 11 case.
The firm will provide these services:
(a) give advice to the Debtor with respect to its powers and
duties as a Debtor-in-Possession and the continued management of
its business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
(c) prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
(d) protect the interests of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiations with its creditors in the
preparation of a plan.
According to court filings, Mr. Gleason will be compensated at an
hourly rate of $450 for attorney services and $175 per hour for
paralegal services.
A non-refundable initial fee installment of $5,000 has been paid
from the personal funds of Mr. and Ms. Delvar, with an additional
$20,000 to be paid at closing of the sale of their homestead on or
about October 10, 2025.
Kevin C. Gleason and Florida Bankruptcy Group, LLC represent that
they are "disinterested persons" within the meaning of Section
327(a) of the Bankruptcy Code and do not hold or represent any
interest adverse to the Debtor or the estate.
The firm can be reached at:
Kevin C. Gleason, Esq.
FLORIDA BANKRUPTCY GROUP, LLC
4121 N. 31st Avenue
Hollywood, FL 33021-2011
Telephone: (954) 893-7670
Facsimile: (954) 252-2540
E-mail: BankruptcyLawyer@aol.com
About MJD Global Disaster
Restoration, LLC
MJD Global Disaster Restoration, LLC, based in Pompano Beach,
Florida, provides disaster restoration services, including water
and fire damage restoration, mold remediation, crime scene cleanup,
and flood recovery for residential and commercial clients.
Established in 2013, the Company offers 24/7 emergency response
across Florida. It operates within the environmental services and
restoration industry and maintains an online presence through
multiple platforms.
MJD Global Disaster Restoration, LLC sought protection under
Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-21681) on October 2, 2025.
At the time of filing, the Debtor reported estimated assets between
$10,000,001 and $50 million and liabilities between $1,000,001 and
$10 million.
Judge Peter D. Russin oversees the case.
Florida Bankruptcy Group, LLC serves as the Debtor's legal counsel.
MJD GLOBAL: Section 341(a) Meeting of Creditors on November 3
-------------------------------------------------------------
On October 2, 2025, MJD Global Disaster Restoration LLC filed
Chapter 11 protection in the Southern District of Florida.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will not be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on November
3, 2025 at 09:30 AM by TELEPHONE.
About MJD Global Disaster Restoration LLC
MJD Global Disaster Restoration LLC, based in Pompano Beach,
Florida, provides disaster restoration services, including water
and fire damage restoration, mold remediation, crime scene cleanup,
and flood recovery for residential and commercial clients.
Established in 2013, the Company offers 24/7 emergency response
across Florida. It operates within the environmental services and
restoration industry and maintains an online presence through
multiple platforms.
MJD Global Disaster Restoration LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Fla. Case No. 25-21681) on
October 2, 2025. In its petition, the Debtor reports estimated
assets between $10 million and $50 million and estimated
liabilities between $1 million and $10 million
Honorable Bankruptcy Judge Peter D. Russin handles the case.
The Debtor is represented by Kevin Christopher Gleason, Esq. of
FLORIDA BANKRUPTCY GROUP, LLC.
MK RE HOLDINGS: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: MK RE Holdings, LLC
FDBA MK 448, LLC
FDBA MK 454, LLC
FDBA MK 455, LLC
601 E. Erie St., #607
Milwaukee, WI 53202-6227
Business Description: MK RE Holdings, LLC's principal assets are
located at 448, 454, and 455 N. 39th St.
Milwaukee, WI 53208.
Chapter 11 Petition Date: September 30, 2025
Court: United States Bankruptcy Court
Eastern District of Wisconsin
Case No.: 25-25541
Judge: Hon. G Michael Halfenger
Debtor's Counsel: Evan P. Schmit, Esq.
KERKMAN & DUNN
839 N. Jefferson St., Ste. 400
Milwaukee, WI 53202-3744
Tel: 414-277-8200
Email: eschmit@kerkmandunn.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
The petition was signed by Natalie L. Karpan as member manager.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/PYLLV7Y/MK_RE_Holdings_LLC__wiebke-25-25541__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/PS2CAYQ/MK_RE_Holdings_LLC__wiebke-25-25541__0001.0.pdf?mcid=tGE4TAMA
MODIVCARE INC: Court Reschedules Chapter 11 Confirmation
--------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that a Texas
bankruptcy judge on Friday, October 10, 2025, delayed Modivcare
Inc.'s Chapter 11 plan confirmation hearing by three weeks to allow
more time for discovery.
The extension comes as the medical transport company continues
discussions with creditors and other stakeholders over details of
its restructuring proposal. The postponement aims to ensure all
parties can resolve outstanding discovery issues before the
confirmation process resumes, the report states.
About ModivCare Inc.
ModivCare Inc. is a technology-enabled healthcare services company
that provides a suite of integrated supportive care solutions for
public and private payors and their members.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90309) on August 20,
2025. In the petition signed by Chad J. Shandler, chief
transformation officer, the Debtor disclosed up to $10 billion in
both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
Timothy A. Davidson II, Esq., at Hunton Andrews Kurth LLP,
represents the Debtor as legal counsel.
MONTGOMERY TRANSPORT: Shuts Down, Plans to File Ch. 7 Bankruptcy
----------------------------------------------------------------
Keiron Greenhalgh of Transport Topics reports that Montgomery
Transportation, a Birmingham, Alabama-based flatbed carrier, has
shut down operations and is preparing to file for Chapter 7
bankruptcy after a proposed sale to PS Logistics fell through,
according to Transport Topics.
The company's owner, One Equity Partners, reportedly decided to
exit the trucking industry this summer due to mounting financial
challenges and deteriorating freight conditions, the report
related.
The sale to PS Logistics, which ranks among North America's top
for-hire carriers, was scheduled to close on September 30, 2025 but
was derailed when a restraining order was filed in late September.
Montgomery had considered a Chapter 11 restructuring with PS as a
stalking horse bidder, but the deal was ultimately abandoned.
Sources close to the matter said One Equity's decision stemmed from
high maintenance costs and an aging fleet, coupled with ongoing
weakness in freight rates, according to Transport Topics.
Founded in 2011, Montgomery grew into a multifaceted transportation
group with about 650 employees and multiple divisions, including
Montgomery Transport, MT Dedicated, RM Logistics, and MT Select.
Records from the Federal Motor Carrier Safety Administration show
Montgomery operated hundreds of tractors and drivers across its
brands. Following the shutdown, regional competitors have begun
extending job offers to displaced drivers, the report states.
Former CEO Rollins Montgomery, now leading Montgomery Entities,
denied being responsible for the failed sale and stated he would
"never intentionally harm" the company he founded. The closure adds
to a growing list of major carrier bankruptcies in 2025, reflecting
the persistent downturn in the freight market, which has lasted
well beyond historical averages, the report relays.
About Montgomery Transportation
Montgomery Transportation is a flatbed trucking company
headquartered in Birmingham, Alabama.
MP OCTOPUS: Gets Final OK to Use Cash Collateral
------------------------------------------------
MP Octopus Pizza, LLC and its affiliates received final approval
from the U.S. Bankruptcy Court for the Middle District of Florida
to continue to use the cash collateral of secured creditors.
The final order authorized the Debtors to use cash collateral to
pay amounts expressly authorized by the court, including payments
of the U.S trustee's quarterly fees; expenses set forth in the
budget, plus an amount not to exceed 10% for each line item; and
additional amounts subject to approval by ConnectOne Bank. This
authorization will continue until further order of the court.
As protection, ConnectOne Bank and other creditors with a security
interest in cash collateral will have a perfected post-petition
liens on the cash collateral, with the same validity, priority and
extent as their pre-bankruptcy liens.
To the extent of any diminution in value of its collateral, CNOB
will have a superpriority administrative expense claim under
Section 507(b) that is senior to all other administrative
expenses.
In addition, the Debtors were ordered to keep their property
insured in accordance with their obligations under the loan and
security documents with secured creditors.
The final order is available at https://is.gd/rC5X0u from
PacerMonitor.
The Debtors' cash collateral consists of cash on hand and funds in
their operating bank accounts, primarily derived from the operation
of their businesses. As of the petition date, the Debtors had cash
and cash equivalents totaling $126,600.17 ($95,730.29 as to Connect
One).
Connect One holds a lien on the Debtors' assets securing
obligations totaling $3,963,573.77. The value of the collateral
securing these obligations is $533,403.46, according to court
papers filed in November 2024.
About MP Octopus Pizza LLC
MP Octopus Pizza LLC, doing business as Marco's Pizza, filed
Chapter 11 petition (Bankr. M.D. Fla. Case No. 24-06739) on
November 15, 2024, with $50,001 to $100,000 in assets and $500,001
to $1 million in liabilities. Terry Burkholder, manager of MP
Octopus Pizza, signed the petition.
Judge Catherine Peek McEwen oversees the case.
Buddy D. Ford, Esq., at Buddy D. Ford, P.A. is the Debtor's legal
counsel.
ConnectOne Bank is represented by:
Matthew A. Barish, Esq.
One Boca Place
2255 Glades Road, Suite 300E
Boca Raton, FL 33431
Phone: (646) 563-8958
mbarish@coleschotz.com
vfink@coleschotz.com
-- and --
James T. Kim, Esq.
Court Plaza North
25 Main Street
Hackensack, NJ 07601
Phone: (201) 525-6210
jkim@coleschotz.com
vfink@coleschotz.com
NATIONAL MENTOR: S&P Rates New $2.5BB Term Loan and Revolver 'B-'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issue-level rating and '3'
recovery rating to National Mentor Holdings Inc.'s (dba Sevita;
B-/Stable/--) proposed $2.507 billion first-lien term loan B due
2032. S&P is also assigning a 'B-' issue-level rating and '3'
recovery rating to Sevita's $314 million revolving credit facility,
which will be increased from $160 million and extended to 2030. The
'3' recovery rating reflects its expectation for meaningful
(50%-70%; rounded estimate: 50%) recovery in the event of default.
The term loan includes a refinancing and extension of its existing
$1.8 billion first-lien term loan plus an incremental $740 million.
Sevita will use the incremental term loan, along with $142 million
of equity from its private-equity sponsors, borrowings under its
upsized account receivables (AR) facility, and the revolving credit
facility, to fund the $835 million acquisition of BrightSpring
Community Living (dba ResCare). All our existing ratings on Sevita
are unchanged.
S&P said, "Our current base case assumes the acquisition of ResCare
will close in the second quarter of 2026 (fiscal year ending
September 2026). We expect the transaction will increase the
company's S&P Global Ratings-adjusted leverage to about 6.1x in
2026, up from our expectation of 5.7x in 2025. Our 'B-' issuer
credit rating and stable outlook on Sevita reflect our expectation
that the company's enhanced scale following the ResCare acquisition
and improved staffing will further improve its operating
performance. Though the acquisition will close later than our prior
base case and we forecast higher interest expense and transaction
fees than previously expected, our expectations for operating
performance in 2026 are largely unchanged. For additional
information on our view of the acquisition.
"In the meantime, we expect 2025 revenues will increase about 4.6%
due to continued favorable rate increases. Additionally, we expect
S&P Global Ratings-adjusted EBITDA margins of 13.5%-14.0% in 2025,
compared with 13.8% in 2024, as Sevita continues to decrease its
reliance on contract labor. We anticipate the company will continue
to generate strong reported free operating cash flow (FOCF) of
about $50 million in 2025 as its profitability improves. This will
lead to reported FOCF to debt of 2.0%-2.5%."
Issue Ratings--Recovery Analysis
Key analytical factors
-- Sevita's proposed capital structure will consist of a $225
million AR securitization facility having a priority claim (assumed
100% drawn in a hypothetical default scenario), a $314 million
revolving credit facility (assumed 85% drawn), a $2.5 billion
senior secured first-lien term loan, and a $180 million senior
secured second-lien term loan.
-- S&P assumes a base rate of 250 basis points at default,
following a covenant breach.
-- Sevita's leading national position and the demand for the
company's services to "must-serve" populations lead us to believe
it would remain a viable business even in default, and it would
likely reorganize rather than liquidate.
-- S&P values the company on a going-concern basis using a 5.5x
multiple of its projected EBITDA at default. This is consistent
with the multiples S&P uses for similar companies.
Simulated default assumptions
-- Simulated year of default: 2027
-- EBITDA at emergence: $328 million
-- EBITDA multiple: 5.5x
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $1,712
million
--Less priority claims: $228 million
-- Valuation split in % (obligors/nonobligors): 100%/0%
-- Collateral value available to secured lenders: $1,484 million
-- First-lien secured debt: $2.8 billion
--Recovery expectations: 50%-70% (rounded estimate: 50%)
-- Second-lien secured debt: $189 million
--Recovery expectations: 0%-10% (rounded estimate: 0%)
Note: All debt amounts include six months of prepetition interest.
NEEDSPACE VENTURE: Lender Seeks to Prohibit Cash Collateral Access
------------------------------------------------------------------
CB&S Bank asks the U.S. Bankruptcy Court for the Northern District
of Mississippi to prohibit or strictly limit Needspace Venture,
LLC's use of cash collateral, compel the segregation and turnover
of that collateral, and require a full accounting of any such funds
used since the bankruptcy filing on September 18.
CB&S is the secured creditor under a July 2024 promissory note for
over $12.7 million, which was personally guaranteed by Marion
Threatt, the sole member of Needspace. The loan is secured by real
property known as "Needspace Self Storage" in Southaven,
Mississippi -- comprising approximately 576 storage units --
through a deed of trust, security agreement, and UCC financing
statement.
As of the petition date, the loan balance exceeded $13.7 million,
with no payments made since February and arrears totaling nearly
$679,000.
CB&S asserts that all rental income from the storage units
constitutes its cash collateral under 11 U.S.C. Section 363(a), and
that the Debtor has neither obtained consent from the bank nor
court authorization to use it. The bank is particularly concerned
because Needspace operates primarily online and deposits rental
payments into unknown accounts, leaving the fate of the funds
uncertain. CB&S fears this income is being used improperly or is at
risk of dissipation.
A court hearing is scheduled for October 22. Responses are due by
October 15.
About Needspace Venture LLC
Needspace Venture LLC provides self-storage solutions in Southaven,
Mississippi, offering climate-controlled and standard storage
units. Its services include unit rentals, security features, and
customer amenities such as moving supplies and truck rentals.
Needspace Venture sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Miss. Case No. 25-13086) on September
18, 2025. In its petition, the Debtor reported between $1 million
and $10 million in assets and liabilities.
Honorable Bankruptcy Judge Jason D. Woodard handles the case.
The Debtor is represented by John Keith Perry, Jr., Esq., at Perry
Griffin, PC.
CB&S Bank, as lender, is represented by:
Andrew Phillips, Esq
Mitchell, McNutt & Sams, P.A.
P.O. Box 947
Oxford, MS 38655-0947
Tel: (662) 234-4845
Email: aphillips@mitchellmcnutt.com
-and-
James P. Wilson, Jr. Esq.
Mitchell, McNutt & Sams, P.A.
P.O. Box 1366
Columbus, MS 39703
Tel: (662) 328-2316
Email: jwilson@mitchellmcnutt.com
NEW FORTRESS: Nuveen Credit Marks $1.2MM Loan at 53% Off
--------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its
$1,245,000 loan extended to New Fortress Energy Inc. to market at
$583,594 or 47% of the outstanding amount, according to Nuveen
Credit's Form N-CSR for the fiscal year ending July 31, 2025, filed
with the U.S. Securities and Exchange Commission.
JQC is a participant in a Incremental Term Loan B to New Fortress
Energy Inc. The loan accrues interest at a rate of 9.807% per
annum. The loan matures on October 30, 2028.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, Il 60606
Telephone: (800) 257‑8787
About New Fortress Energy Inc.
New Fortress Energy Inc. operates as an energy infrastructure
company. The Company owns and operates natural gas and liquefied
natural gas (LNG) infrastructure.
NIX & NIX FUNERAL: Voluntary Chapter 11 Case Summary
----------------------------------------------------
Debtor: Nix & Nix Funeral Home
Nix and Nix Funeral Homes North Inc.
Tunsil Funderal Homes LP
West Dauphin St. LP
Nix Group Enterprise, Inc.
5408 -01 N 5th St.
Philadelphia PA 19120
Business Description: Nix & Nix Funeral Homes North Inc. provides
funeral and memorial services, including
traditional funerals and cremations,
operating in Philadelphia, Pennsylvania.
The Company serves families in the local
community, offering arrangements and support
during end-of-life events.
Chapter 11 Petition Date: October 8, 2025
Court: United States Bankruptcy Court
Eastern District of Pennsylvania
Case No.: 25-14091
Judge: Hon. Ashely M Chan
Debtor's Counsel: Devin Uqdah, Esq.
LEGIS GROUP LLC
3900 Ford Rd Suite B
Philadelphia PA 19131
Tel: 484-682-5266
Email: duqdah@legislawyers.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Julian Nix as CEO.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/CEJJTGY/Nix__Nix_Funeral_Home__paebke-25-14091__0001.0.pdf?mcid=tGE4TAMA
NORTH AMERICAN CONSTRUCTION: DBRS Gives (P)BB(high) Credit Rating
-----------------------------------------------------------------
DBRS Limited assigned a provisional credit rating of (P) BB (high)
with a Stable trend to North American Construction Group Ltd.'s
(NACG or the Company) proposed Senior Unsecured Notes (Proposed
Notes), due May 1, 2030. The provisional credit rating is based on
a recovery rating of RR4. The credit rating assigned to the
Proposed Notes is based on the credit rating of an
already-outstanding debt series of the above-mentioned debt
instrument.
The Company intends to use the net proceeds to repay indebtedness
and for general corporate purposes. The Proposed Notes are senior
unsecured obligations of the Company and will rank pari passu in
right of payment with all other existing and future senior
unsecured indebtedness. The Proposed Notes will be effectively
subordinated to all existing and future senior secured
indebtedness.
A provisional rating is not a final rating with respect to the
above-mentioned security and may change or be different than the
final rating assigned or may be discontinued. The provisional
rating listed above is based on the Private Placement Memorandum,
Notes Indenture and information provided by NACG to Morningstar
DBRS as of October 7, 2025. The assignment of final ratings is
subject to receipt by Morningstar DBRS of all information and final
documentation that Morningstar DBRS deems necessary to finalize the
rating.
NOVA AT SUMMER: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Nova at Summer Meadow Owner, LLC
16 W. Martin Street
Suite 301
Raleigh, NC 27601
Business Description: Nova at Summer Meadow Owner, LLC, based in
Raleigh, North Carolina, owns and manages
the Nova at Summer Meadows apartment
community in Durham, NC, comprising 83
rental units. The Company operates in the
multifamily real estate sector, focusing on
residential property investment and
management. Its services include leasing
and maintaining apartment units with
amenities such as stainless steel appliances
and in-unit laundry.
Chapter 11 Petition Date: October 7, 2025
Court: United States Bankruptcy Court
Eastern District of North Carolina
Case No.: 25-03953
Judge: Hon. Pamela W McAfee
Debtor's Counsel: Joseph Z. Frost, Esq.
BUCKMILLER & FROST, PLLC
4700 Six Forks Road, Suite 150
Raleigh, NC 27609
Tel: 919-296-5040
Fax: 919-890-0356
Email: jfrost@bbflawfirm.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Abraham Ng'Hwani as president and chief
executive officer.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/6UQWWMY/Nova_at_Summer_Meadow_Owner_LLC__ncebke-25-03953__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Apromise Industry Co., Ltd. $11,866
Room S032, 2/F,
The Capital
61-65 Chatham Rd
S, Tsim, Sha Tsui
Kowloon, Hong Kong
2. Argos USA Corp. $15,477
Maurico Ceballos,
Registered Agent
3100 Smoketree Court,
Ste. 802
Raleigh, NC 27604
3. Duke Energy Progress, LLC $4,691
Attn: CT Corporation System
160 Mine Lake Ct
Ste 200
Raleigh, NC
27615-6417
4. Ellington Contractors Inc. $8,347
Attn: Manager, Agent, Officer
4617 Zebulon Road
Zebulon, NC 27597
5. Ferguson Enterprises, LLC $8,405
Attn: Manager, Agent, Officer
751 Lakefront Commons
Newport News, VA 23606
6. Herc Rentals, Inc. $18,784
Attn: Manager, Agent, Officer
27500 Riverview
Center Blvd.
Bonita Springs, FL 34134
7. Kaixin Wood Products, Inc. $42,643
Attn: Manager, Agent, Officer
3187 Cornerstone Drive
Mira Loma, CA 91752
8. L&W Supply Corporation $48,545
Attn: Manager, Agent, Officer
1 ABC Pkwy
Beloit, WI 53511
9. Lema Construction, LLC $6,160
Attn: Manager, Agent, Officer
1720 River Run Ct
Franklinton, NC 27525
10. Metalcraft Fabricating Company $48,874
Attn: Manager, Agent, Officer
1316 Old Oxford Highway
Durham, NC 27704
11. Pacific Metals Pte, Ltd. $93,061
Attn: Manager, Agent, Officer
1-6-1 Otemachi (Otemachi Bldg)
Chiyoda-ku Tokyo
100-0004
12. Qunity, P.A. $17,199
Attn: Manager, Agent, Officer
16 Consultant Place,
Ste. 201
Durham, NC 27707
13. Richa, Inc. dba Richa Graphics $2,417
Attn: Manager, Agent, Officer
800 North College Street
Charlotte, NC
28206-3227
14. Rigby Electric Supply, Inc. $27,384
Attn: Manager, Agent, Officer
117 Coeco Circle
Rocky Mount, NC 27804
15. Sunrock Industries, LLC $5,959
Attn: Manager, Agent, Officer
200 Horizon Drive,
Ste. 100
Raleigh, NC 27615
16. Talbert Building Supply, Inc. $529,828
Attn: Manager, Agent, Officer
1101 Old Durham Rd
Roxboro, NC 27573
17. TC Builder Supply, Inc. $5,825
Attn: Manager, Agent, Officer
1651 Meriweather Drive
Watkinsville, GA
30677-6964
18. Triangle Surveyors, Inc. $2,912
Attn: Manager, Agent, Officer
3715 University Drive
Durham, NC
27707-2639
19. USC 433 Hebron, LLC Construction $2,000,000
c/o Urban Standard Capital Loan
233 Broadway, Ste. 1470
New York, NY 10279
20. VSC Fire & Security $86,476
Attn: Manager, Agent, Officer
263 Hein Drive
Garner, NC 27529
NOVA LIFESTYLE: BVI Unit Closes Sale of 99.8% Stake in Preamble
---------------------------------------------------------------
Nova LifeStyle, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that Nova Furniture
Limited, a company incorporated in the British Virgin Islands and a
wholly owned subsidiary of the Company, closed its subscription of
99.815% interest in Preamble Capital, A Series of CGF2021 LLC, a
Delaware Limited Liability Company for $5,664,500.05, as previously
disclosed in the Form 8-K filed by the Company with SEC on
September 29, 2025.
On September 26, 2025, Preamble Capital entered into a Subscription
Agreement with a certain fund that holds an aggregate of 353,772
shares of Common Stock of Space Exploration Technologies Corp., a
Texas corporation, comprising 121,805 shares of Class A Common
Stock and 231,967 shares of Class C Common Stock of SpaceX.
Pursuant to the Agreement, Preamble Capital subscribed
approximately 6.667% interest of such fund for an amount of
$5,660,000.05.
On September 29, 2025, Preamble Capital closed the Transaction.
About Nova Lifestyle
Headquartered in Commerce, Calif., Nova LifeStyle, Inc. is a
distributor of contemporary styled residential and commercial
furniture incorporated into a dynamic marketing and sales platform
offering retail as well as online selection and global purchase
fulfillment. The Company monitors popular trends and products to
create design elements that are then integrated into the Company's
product lines that can be used as both stand-alone or whole room
and home furnishing solutions. Through its global network of
retailers, e-commerce platforms, stagers, and hospitality
providers, Nova LifeStyle also sells (through an exclusive
third-party manufacturing partner) a managed variety of
high-quality bedding foundation components.
Singapore-based Enrome LLP, the Company's auditor since 2024,
issued a "going concern" qualification in its report dated March
31, 2025, attached to the Company's Annual Report on Form 10-K for
the fiscal year ended December 31, 2024, citing that the Company
incurred a net loss and operating cash outflow of $5,561,705 and
$1,391,779 respectively for the year ended December 31, 2024 and
accumulated deficit of $49,991,515 for the year ended December 31,
2024. These factors, raise substantial doubt about its ability to
continue as going concern.
As of June 30, 2025, it had $11,634,504 in total assets, $5,087,783
in total liabilities, and $6,546,721 in total stockholders'
deficit.
OFFICE PROPERTIES: Misses $30.8M Interest on Senior Secured Notes
-----------------------------------------------------------------
Office Properties Income Trust disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that on September
30, 2025, it did not make:
(i) the required interest payment of approximately $27.4
million due on the Company's 9.000% Senior Secured Notes due
September 2029, or the September 2029 Notes, and
(ii) the required interest payment of approximately $3.4
million due on the Company's 3.250% Senior Secured Notes due March
2027, or the March 2027 Notes.
Under the indentures governing the September 2029 Notes and the
March 2027 Notes, the Company has a 30-day grace period to make the
required interest payment before non-payment constitutes an "event
of default".
The Company continue to work with its advisors to pursue its
restructuring efforts.
Credit Agreement Notice:
On September 30, 2025, the Company delivered a notice to Wells
Fargo Bank, National Association, or Wells Fargo, as administrative
agent under its Second Amended And Restated Credit Agreement, dated
January 29, 2024, with Wells Fargo and the applicable lenders, or
the Credit Agreement, that:
(i) the Company did not make the required interest payments
due on the September 2029 Notes and the March 2027 Notes, and:
(ii) it expects one or more defaults to occur under the Credit
Agreement in connection with the delisting of its common shares
from Nasdaq on October 6, 2025.
The Company are subject to a 30-day grace period before these
events constitute an "event of default" under the Credit
Agreement.
About Office Properties
Office Properties Income Trust is a REIT organized under Maryland
law. As of Dec. 31, 2023, its wholly owned properties were
comprised of 152 properties, and it had noncontrolling ownership
interests of 51% and 50% in two unconsolidated joint ventures that
owned three properties containing approximately 468,000 rentable
square feet. As of Dec. 31, 2023, the Company's properties are in
30 states and the District of Columbia and contain approximately
20,541,000 rentable square feet. As of Dec. 31, 2023, its
properties were leased to 258 different tenants, with a weighted
average remaining lease term (based on annualized rental income) of
approximately 6.4 years. The U.S. government is its largest tenant,
representing approximately 19.5% of its annualized rental income as
of Dec. 31, 2023.
* * *
In May 2025, S&P Global Ratings raised its issuer credit rating on
Office Properties Income Trust (OPI) to 'CCC-' from 'SD' (selective
default) and its issue-level ratings on the senior unsecured notes
that were part of the exchange to 'CC' from 'D'. S&P lowered its
issue-level rating on the company's 2050 senior unsecured notes,
which were not part of the debt exchange, to 'CC' from 'CCC-'. The
recovery rating on all the unsecured notes without guarantees
remains '5'.
S&P said, "We also lowered our issue-level rating on the company's
March 2027 and March 2029 senior secured notes to 'CCC+' from 'B-',
with the recovery rating remaining '1'. We also lowered our
issue-level rating on the company's September 2029 senior secured
notes to 'CCC-' from 'CCC', with the recovery rating remaining
'3'."
"We also assigned our 'CCC+' and '1' recovery rating to the
company's new senior priority guaranteed unsecured notes due 2030.
The negative outlook on OPI reflects our view that an event of
default (perhaps via another distressed debt exchange or a debt
restructuring) is likely over the near term."
S&P Global Ratings completed its review of OPI following its debt
exchange. Significant near-term debt commitments remain and the
company's liquidity is constrained. As such, specific events of
default are envisioned, including another debt exchange, over the
next six months.
OFFSHORE SAILING: Court OKs Sailboat Sale to B. Crotty for $215K
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, ft.
Myers Division, has granted Offshore Sailing School Ltd. Inc. to
sell sailboats, free and clear of liens, claims, interests, and
encumbrances.
The Debtor is a Florida limited liability company which previously
owned and operated a sailing school. The School is no longer
operating, and the Debtor intends to file a liquidating plan. The
Debtor is a debtor as defined in 11 U.S.C. Section 1182(1) who's
aggregate noncontingent liquidated debts (excluding debts owed to
insiders or affiliates) are less than $3,424,000.00 and which has
chosen to proceed under Subchapter V of Chapter 11 of the
Bankruptcy Code.
The Court has authorized the Debtor to sell sailboats, including a
Jeanneau 479 sailboat and certain
intellectual property to Brian P. Crotty, or his related assigns,
for the total cash price of $215,000.00, free and clear of liens,
claims, and interests.
The proceeds of the sale shall be deposited and held in the special
debtor-in-possession account at Wells Fargo Bank that requires the
signature Debtor's counsel until further order of the Court.
The Debtor is authorized to pay from the proceeds of the sale any
governmental charges or taxes associated with the sale (if any).
The Debtor is authorized to pay from the proceeds of the sale to
Murray Yacht Sales of Florida, Inc. and any cooperating broker the
commission of 10% provided in the Brokerage Agreement.
Counsel for the Debtor is authorized and directed to pay to the
Subchapter V Trustee from the Special Account the sum of $5,000.00
representing a retainer of $1,000.00 per month since the inception
of this case. This sum shall be a credit against any administrative
expense awarded to the Subchapter V Trustee pursuant to the
Subchapter V Trustee’s Application for Compensation and may be
applied by the Subchapter V Trustee pursuant to orders approving
her fee applications.
About Offshore Sailing School
Offshore Sailing School Ltd. Inc. is a provider of sailing and
powerboating instruction in the U.S., offering certification
courses in cruising, passage making, and racing. It also conducts
team-building sailing activities and organizes flotilla vacations
for certified sailors. With over 60 years of experience, the school
operates in Florida and the British Virgin Islands under the
leadership of Steve and Doris Colgate.
Offshore Sailing School Ltd. Inc. sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case
No. 25-00921) on May 21, 2025. In its petition, the Debtor reports
total assets as of Feb. 28, 2025 amounting to $611,760 and total
liabilities as of Feb. 28, 2025 totaling $2,277,797.
The Debtor is represented by Leon Williamson, Esq. at Williamson
Law Firm.
OI SA: Announces Resignation of CFO, CEO
----------------------------------------
Valentine Hilaire of Bloomberg Law, citing a regulatory filing,
reported that Oi SA disclosed the resignations of CEO Marcelo
Milliet and CFO Rodrigo Caldas Toledo Aguiar. The telecom operator
has created a transition committee including Fabio Wagner, Andre
Tavares Paradizi, Gustavo Roberto Brambila, and Marcelo Augusto
Leite de Moraes to manage the leadership transition.
The company added that its Chapter 15 bankruptcy petition is still
pending in U.S. court and confirmed the cancellation of an
extraordinary shareholders’ meeting that would have addressed a
reverse stock split, the report states.
About Oi SA
Headquartered in Rio de Janeiro, and operating almost exclusively
within Brazil, the Oi Group provides services like fixed-line data
transmission and network usage for phones, internet, and cable,
Wi-Fi hot-spots in public areas, and mobile phone and data
services, and employs approximately 142,000 direct and indirect
employees.
On June 20, 2016, pursuant to Brazilian Law No. 11.101/05 (the
'Brazilian Bankruptcy Law'), Oi S.A. and certain of its
subsidiaries filed for recuperao judicial (judicial reorganization)
in Brazil.
On June 21, 2016, OI SA and its affiliates Telemar Norte Leste S.A.
and Oi Brasil Holdings Cooperatief U.A. commenced Chapter 15
proceedings (Bankr. S.D.N.Y. Lead Case No. 16-11791). Ojas N. Shah,
as foreign representative, signed the petitions.
Coop and PTIF are also subject to proceedings in the Netherlands.
The Chapter 15 cases are assigned to Judge Sean H. Lane.
In the Chapter 15 cases, the Debtors are represented by John K.
Cunningham, Esq., and Mark P. Franke, Esq., at White & Case LLP, in
New York; and Jason N. Zakia, Esq., Richard S. Kebrdle, Esq., and
Laura L. Femino, Esq., at White & Case LLP, in Miami, Florida.
On July 22, 2016, the New York Court recognized the Brazilian
Proceedings as foreign main proceedings with respect to the Chapter
15 Debtors, and granted certain additional related relief.
The company exited bankruptcy protection in December 2022.
OTWO INC: Seeks Chapter 7 Bankruptcy in California
--------------------------------------------------
On October 7, 2025, OTWO Inc. initiated voluntary Chapter 7
bankruptcy proceedings in the Northern District of California.
Court documents show the company's debts estimated between $100,001
and $1 million. OTWO, INC. also disclosed having 1 to 49
creditors.
About OTWO Inc.
OTWO Inc. operates in the restaurant industry.
OTWO Inc. sought relief under Chapter 7 of the U.S. Bankruptcy Code
(Bankr. N.D. Cal. Case No. 25-51551) on October 7, 2025. In its
petition, the Debtor reports estimated assets up to $100,000 and
estimated liabilities between $100,001 and $1 million.
Honorable Bankruptcy Judge M. Elaine Hammond handles the case.
The Debtor is represented by Stanley A. Zlotoff, Esq. of Law
Offices of Stanley A. Zlotoff.
PARENTS TELEVISION: Seeks Chapter 7 Bankruptcy in Delaware
----------------------------------------------------------
Patrick Hipes of Deadline reports that the Parents Television &
Media Council, once a powerful voice in American media ethics
debates, has filed for Chapter 7 bankruptcy protection.
The Burbank-based nonprofit filed its petition in Delaware
Bankruptcy Court, listing approximately $92,000 in assets against
nearly $285,000 in liabilities. Twenty-six creditors were notified
of the case, with a meeting scheduled for November 5, 2025. The
filing marks a major downturn for a group that once wielded
significant influence over broadcast networks and advertisers.
Among its most notable battles was a 2001 campaign against the
World Wrestling Federation, accusing it of promoting violent
behavior among youth. The company, later renamed WWE, successfully
sued the PTC for libel, securing a $3.5 million settlement. The
group also gained national attention after the 2004 Super Bowl
halftime show controversy involving Janet Jackson, using the
incident to press for tighter decency standards in broadcasting,
the report states.
As entertainment consumption moved online, the council expanded its
focus to digital platforms and rebranded to reflect the changing
media landscape. Its latest press release, issued last month, urged
stronger child protections in artificial intelligence tools — an
indication that, even in bankruptcy, the organization continued to
pursue its mission of advocating for family-friendly media, the
report states.
About Parents Television & Media Council
Parents Television & Media Council -- established in 1995 by
conservative commentator L. Brent Bozell III, the
council—originally named the Parents Television Council—was
founded to shield children from rising levels of sexual content,
violence, and profanity on TV. The organization claimed over 1
million members at its peak, becoming known for aggressive
campaigns against what it deemed objectionable programming.
Parents Television & Media Council sought relief under Chapter 7 of
the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-11794) on
October 3, 2025. In its petition, the Debtor lists approximately
$92,000 in assets against nearly $285,000 in liabilities.
The Debtor is represented by Michael G. Busenkell, Esq. of Gellert
Seitz Busenkell & Brown, LLC.
PARKERVISION INC: All Four Proposals OK'd at Annual Meeting
-----------------------------------------------------------
ParkerVision, Inc. held its Annual Meeting of Shareholders. The
record date for shareholders entitled to notice of, and to vote at,
the Annual Meeting was August 4, 2025. At the close of business on
that date, the Company had 120,116,916 shares of common stock
issued and outstanding and entitled to be voted at the Annual
Meeting.
Four proposals were submitted to the Company's shareholders at the
Annual Meeting. The proposals are described in more detail in the
Company's definitive proxy statement filed with the U.S. Securities
and Exchange Commission on August 18, 2025. The final voting
results were as follows:
Proposal 1: The Company's shareholders elected Paul A Rosenbaum and
Robert G Sterne as Class III Directors to serve for a term expiring
at the 2028 annual meeting.
Proposal 2: The Company's shareholders ratified the selection of
Frazier & Deeter, LLC as the Company's independent registered
public accounting firm for the year ending December 31, 2025.
Proposal 3: The Company's shareholders approved, on an advisory
basis, the Company's named executive officer compensation.
Proposal 4: The Company's shareholders voted on the frequency of
future advisory votes on executive compensation.
About ParkerVision
Jacksonville, Fla.-based ParkerVision, Inc., and its wholly-owned
German subsidiary, ParkerVision GmbH is in the business of
innovating fundamental wireless hardware technologies and products.
The Company has designed and developed proprietary RF technologies
and integrated circuits based on those technologies, and the
Company licenses its technologies to others for use in wireless
communication products.
Atlanta, Ga.-based Frazier & Deeter, LLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated March 24, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company's current resources are not sufficient to meet their
liquidity needs for the next 12 months, the Company has losses from
operations, negative operating cash flows and an accumulated
deficit. These factors raise substantial doubt about the Company's
ability to continue as a going concern.
Parkervision disclosed $5,879,000 in total assets, $52,291,000 in
total liabilities, and $46,412,000 in total shareholders' deficit
at December 31, 2024. As of June 30, 2025, the Company had $3.1
million in total assets, $51.4 in total liabilities, and $48.3
million in total shareholders' deficit.
PHOENIX AVIATION: S&P Assigns 'B' ICR, Outlook Stable
-----------------------------------------------------
S&P Global Ratings assigned its 'B' issuer credit rating to
aircraft lessor Phoenix Aviation Capital LLC (PAC), as well as its
'B+' issue rating and '2' recovery rating to the proposed term
loan, issued by co-borrowers PAC DAC LLC and PAC Aviation III
Designated Activity Co.
The stable outlook reflects S&P's expectation for the company's
earnings and credit metrics to gradually improve as it executes its
fleet expansion plans.
PAC intends to issue a $592 million senior secured term loan B to
repay its existing warehouse facility and fund upcoming aircraft
deliveries.
S&P views financial-sponsor-owned PAC as a relatively new and small
aircraft lessor, but it has a young aircraft portfolio, and its
order book supports growth plans.
The 'B' issuer credit rating incorporates S&P's view that PAC is a
small aircraft lessor with a limited track record, though its order
book supports growth plans. PAC is smaller than most aircraft
lessors we rate, with an owned fleet of 17 aircraft and an order
book of 30 narrowbody aircraft from Boeing as of June 2025.
Additionally, the company has partial ownership of two joint
ventures that own 10 LEAP engines and three A330 aircraft. As of
June 2025, the total net book value of PAC's owned and committed
fleet (including the order book and the partial ownership of the
joint ventures) was about $3.0 billion.
PAC was incorporated in 2023, although the management team has rich
industry experience. Its lessee relationships are concentrated,
with only eight lessees and the top five clients accounting for
over 80% of its net book value, but S&P expects that to gradually
improve as the company grows its fleet.
PAC's aircraft fleet has favorable characteristics. The weighted
average age of its fleet was 4.2 years as of June 30, 2025, which
is on the lower end of the rated peer average of four to eight
years. The company's remaining lease term of 7.5 years is on the
higher end of the rated peer average of five to eight years, which
lowers re-leasing risks. Additionally, the order book provides
visibility on capital expenditure and the growth trajectory. The
company's owned fleet and order book primarily consist of Boeing
B737-8 MAX aircraft, which are highly liquid and have high demand.
PAC also has purchase rights on 30 B737-8 MAX aircraft that have
terms similar to its order book.
S&P said, "We expect the company to complement its growth strategy
with opportunistic portfolio trades in the secondary market as well
as sale and leaseback transactions.
"We expect aircraft lessors, including PAC, will continue to
benefit from generally favorable demand trends. We expect PAC's
lease yields to be 9%-11% over 2025-2026 and revenue to grow in
line with the fleet following upcoming aircraft deliveries. In
recent years, demand from airline customers has exceeded aircraft
supply amid manufacturer challenges. This has led to good fleet
utilization as well as strong lease yields for lessors, ultimately
supporting revenue and earnings.
"Constrained supply conditions have resulted from persistent
delivery delays from original equipment manufacturers, amid
challenges including labor strikes and supply-chain quality issues.
While these manufacturers have been ramping up production in 2025,
we think supply constraints are likely to persist, particularly
given engine shortages and reliability issues. We expect these
factors will keep lease rates and aircraft values high, benefiting
lessors' operations over the next few years.
"We expect credit metrics to improve progressively as the company's
fleet ramps up, propelling earnings growth and reducing the cost of
capital. Nonetheless, we still expect the company's credit metrics
to remain relatively weak compared with larger peers', in part
because the cost of capital is relatively high. That said, the
growing asset base, combined with recent capital structure changes
and reduced interest expenses, should support credit metrics.
"As such, we expect EBIT interest coverage of 07.x-1.0x, funds from
operations (FFO) to debt of 4% or lower, and debt to capital of 75%
or lower through 2026, not including preferred equity as debt-like
(and debt to capital of over 90% including). We also believe the
company's sponsors will make ongoing equity contributions to
support upcoming aircraft deliveries, such that debt to capital
will remain stable.
"The stable outlook reflects our expectation that PAC will continue
to grow its fleet while maintaining EBIT interest coverage of
0.7x-1.0x and FFO to debt below 4% (not including preferred equity
as debt-like). We also expect the company to operate with debt to
capital of 65%-75%, not including preferred equity as debt-like
(over 90% including)."
S&P could lower the ratings if:
-- EBIT interest coverage falls below 0.6x,
-- The liquidity cushion erodes such that financing risks for
order book deliveries increase,
-- Profitability and cash flow weaken significantly below S&P's
expectations because of lower leasing demand, or
-- The company significantly increases its debt to finance
strategic investments or dividend payments to its financial
sponsors.
While an upgrade is unlikely over the next 12 months, S&P could
raise the ratings if Phoenix meaningfully grows its fleet and
diversifies its lessee base, while maintaining EBIT interest
coverage above 1.1x, FFO to debt above 6%, and debt to capital at
or below 75%.
PHOENIX COMMODITIES: Chapter 15 Case Summary
--------------------------------------------
Lead Debtor: Phoenix Commodities Pvt. Limited (in Liquidation)
Wickhams Cay 2
P.O. Box 3083
Road Town, Tortola
British Virgin Islands
Business Description: Phoenix Commodities Pvt. Ltd., in
liquidation, is a British Virgin Islands
company that served as the holding
entity of the Phoenix Group, a global
commodities trading network with offices
in Dubai and Singapore. Phoenix Global
DMCC, in liquidation, operated as the
Dubai-based trading arm handling
agricultural products, coal, and metals,
while Phoenix Pte. Ltd., in liquidation,
represented the group's Southeast Asia
operations.
Foreign Proceeding: British Virgin Islands
Chapter 15 Petition Date: October 3, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Three affiliates that concurrently filed voluntary petitions for
relief under Chapter 15 of the Bankruptcy Code:
Debtor Case No.
------ -------
Phoenix Commodities Pvt. Limited (Lead) 25-21716
Phoenix Global DMCC (in Liquidation) 25-21713
Phoenix Pte. Ltd (in Liquidation) 25-21718
Foreign Representatives: Ryan Jarvis and John Johnston
Wickhams Cay 2
P.O. Box 3083
Road Town, Tortola
British Virgin Islands
Foreign
Representative's
Counsel: Juan J. Mendoza, Esq.
SEQUOR LAW, P.A.
1111 Brickell Ave Ste 1250
Miami FL 33131
Tel: (305) 372-8282
Email: jmendoza@sequorlaw.com
Estimated Assets: Unknown
Estimated Debt: Unknown
A full-text copy of the Lead Debtor's Chapter 15 petition is
available for free at PacerMonitor.com at:
https://www.pacermonitor.com/view/LUCG7KQ/Phoenix_Commodities_Pvt_Limited__flsbke-25-21716__0001.0.pdf?mcid=tGE4TAMA
POOLE FUNERAL: Gets Final Approval to Use Cash Collateral
---------------------------------------------------------
Poole Funeral Home Real Estate, LLC and affiliates received final
approval from the U.S. Bankruptcy Court for the Eastern District of
Tennessee, Chattanooga Division, to use cash collateral.
The court's final order authorized the Debtors to utilize cash
collateral to pay the expenses set forth in their budget, subject
to a 10% variance.
The Debtors project total operational expenses of $134,824.
As protection, The Bancorp Bank, N.A. will be granted a
post-petition lien on the cash collateral and all other
post-petition assets of the Debtors, with the same validity,
priority and extent as their pre-bankruptcy liens.
In addition, Bancorp Bank will continue to receive monthly payments
of $40,000.
The Debtors' authority to use cash collateral terminates if the
cases convert to Chapter 7, a trustee is appointed, or the order is
modified without lender consent.
The final order is available at https://is.gd/hz8eiG from
PacerMonitor.
The Debtors, owners of the Poole funeral home brand, filed for
Chapter 11 on May 12 in response to financial distress caused by
fraud and deceptive business practices during a failed sale
process. They aim to stabilize operations and pursue a
restructuring that preserves the business and maximizes value.
Bancorp Bank holds a security interest in all of the Debtors' cash
collateral, and the Debtors currently have at least $15 million in
assets.
About Poole Funeral Home Real Estate
Poole Funeral Home Real Estate, LLC operates Poole Funeral Homes at
Woodstock, a locally owned funeral facility in North Georgia. The
Company offers burial, cremation, veteran, green burial, and
personalization services, along with caskets and urns. It
emphasizes community-focused service, positioning itself as an
alternative to corporately owned funeral providers.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-11197) on May 12,
2025. In the petition signed by Brian K. Poole, CEO, the Debtor
disclosed up to $10 million in assets and up to $50 million in
liabilities.
Judge Nicholas W. Whittenburg oversees the case.
Roy Michael Roman, Esq., at RMR Legal PLLC, represents the Debtor
as bankruptcy counsel.
PORTSMOUTH SQUARE: $9.11M Loss in FY25; Going Concern Alleviated
----------------------------------------------------------------
Portsmouth Square, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K for the fiscal year ended
June 30, 2025, reporting a net loss of $9.11 million and $11.38
million for the years ended June 30, 2025 and 2024, respectively.
Revenue - Hotel for the years ended June 30, 2025 and 2024, were
$46.36 million and $41.89 million, respectively.
Going Concern:
Management evaluated the Company's ability to continue as a going
concern under ASC 205-40 for the 12 months following the issuance
of these financial statements.
In prior filings (including the June 30, 2024 Form 10-K and
subsequent Form 10-Q), maturities of the Company's senior and
mezzanine loans on January 1, 2024, together with related default
notices, raised substantial doubt about the Company's ability to
continue as a going concern.
On March 28, 2025, the Company completed a comprehensive
refinancing of its senior mortgage and a modification of its
mezzanine debt, resulting in extended maturities, favorable
interest terms, and improved covenant compliance. Since closing,
the Company has remained current on all required debt service and
continued property enhancements to support the Hotel's competitive
positioning (including renovation of additional guest rooms
returned to inventory).
In addition, in March 2025 and May 2025, the related-party facility
with The InterGroup Corporation was amended to increase borrowing
capacity to $40,000,000, extend maturity to July 31, 2027, and
reduce the rate to 9%, providing a contingency source of liquidity
without required monthly principal or interest payments prior to
maturity.
Management evaluated the Company's ability to continue as a going
concern for the 12 months following the issuance of these financial
statements and concluded that the conditions and events that
initially raised substantial doubt have been alleviated and that
substantial doubt does not exist as of issuance.
While management believes available liquidity and cash generation
from operations are sufficient for near-term needs, uncertainties
related to the San Francisco hospitality market and broader
macroeconomic factors--including potential pressure on occupancy
and RevPAR--could adversely affect liquidity if results
underperform forecasts. Management will continue to monitor
conditions and adjust operations as necessary.
East Brunswick, N.J.-based WithumSmith+Brown, PC, the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated September 29, 2025, attached to the Company's Annual
Report on Form 10-K for the fiscal year ended June 30, 2025, citing
that it evaluated the adequacy of the Company's disclosures
regarding the alleviation of substantial doubt related to its
ability to continue as a going concern and management's plans and
actions to address those concerns.
A full-text copy of the Company's Form 10-K is available at
https://is.gd/iBWZrT
About Portsmouth Square
Headquartered in Los Angeles, California, Portsmouth Square, Inc.,
is a California corporation, incorporated on July 6, 1967, for the
purpose of acquiring a hotel property in San Francisco, California
through a California limited partnership, Justice Investors Limited
Partnership.
As of June 30, 2025, the Company had $46.92 million in total
assets, $171.04 million in total liabilities, and $124.12 million
in total stockholders' deficit.
* * *
This concludes the Troubled Company Reporter's coverage of
Portsmouth Square, Inc. until facts and circumstances, if any,
emerge that demonstrate financial or operational strain or
difficulty at a level sufficient to warrant renewed coverage.
PRESBYTERIAN HOMES: Ownership Interest Sale to Housing Part OK'd
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Western District of Kentucky,
Louisville Division, has granted Presbyterian Homes and Services of
Kentucky, Inc. (PHSK) and its affiliate St. James Group, Inc., to
sell Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtors are nonprofit corporations organized under the laws of
the Commonwealth of Kentucky. PHSK opened the doors of its first
facility, Rose Anna Hughes, in 1947 with its mission of service to
others. Consistent with its mission, PHSK provides assisted living
and low-income housing to seniors in the Pikeville and Louisville
areas. St. James owns the real property on which PHSK operates.
The Court has authorized the Debtor to sell ownership interest in
Westminster Terrace Apartments GP LLC and the 2 sponsor loans to
to The Housing Partnership Inc., in the purchase price of $525,000.
The Court held that the Letter of Intent, together with all of the
exhibits, terms, and conditions, is approved.
The Debtors are authorized to sell the general partnership interest
held by Westminster Terrace Apartments GP, LLC in Westminster
Terrace Apartments, LLLP, a Kentucky limited liability limited
partnership and to sell and/or assume and assign the property
management agreement, and to sell and/or assume and assign sponsor
loans to The Housing Partnership, Inc.
The sale of WTA and Assumed Contracts through a private sale is
justified under the facts and circumstances surrounding the assets
and this Chapter 11 case.
The Debtors marketed the asset for sale through Enterprise
Community Asset Management, Inc., an entity specializing in
stabilizing distressed affordable developments. The sale of the
asset was limited by requiring compliance with Kentucky Housing
Corporation’s guidelines and the consent of the limited partner.
The LOI represents the best currently viable. offer. Debtors and
Buyer have no other relationship with each other except for the LOI
and are parties at arms-length.
The consideration obtained for WTA and Assumed Contracts is fair
and reasonable, represents the highest and best offer for WTA and
Assumed Contracts, and is in the best interests of the Debtors,
their creditors, and Estates. The cash purchase price constitutes
full and adequate consideration and reasonably equivalent value for
WTA and Assumed Contracts.
All objections and responses to the sale of WTA and Assumed
Contracts to the Buyer or the related relief requested in the Sale
Motion that have not been withdrawn, waived, or settled by
stipulation filed with the Court or pursuant to the terms of this
Order, and all reservations of rights included therein, are hereby
overruled on the merits, with prejudice.
About Presbyterian Homes and Services of Kentucky, Inc.
Presbyterian Homes and Services of Kentucky, Inc. sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Ky. Case
No. 24-33060) on December 15, 2024, listing up to $10 million in
both assets and liabilities. Hattie H. Wagner, president and chief
executive officer of Presbyterian, signed the petition.
Judge Alan C. Stout oversees the case.
Charity S. Bird, Esq., at Kaplan Johnson Abate & Bird, LLP,
represents the Debtor as legal counsel.
Stock Yards Bank & Trust Company, as secured creditor, is
represented by Edward M. King, Esq., and Jamie Brodsky, Esq., at
Frost Brown Todd, LLP, in Louisville, Kentucky.
Hardin KY Opco and Hardin KY Propco, as secured creditors, are
represented by Mary Elisabeth Naumann, Esq., and Chacey R.
Malhouitre, Esq., at Jackson Kelly, PLLC, in Lexington, Kentucky.
PRESTON CONSULTING: Section 341(a) Meeting of Creditors on Nov. 10
------------------------------------------------------------------
On October 6, 2025, Preston Consulting I LLC filed Chapter 11
protection in the District of South Carolina. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on November
10, 2025 at 11:30 AM at Telephone.
About Preston Consulting I LLC
Preston Consulting I LLC provides consulting and
business-development services and performs government-contracting
work.
Preston Consulting I LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.S.C. Case No. 25-03923) on October 6,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
The Debtor is represented by Roger K Pruitt, Esq., at RK PRUITT LAW
FIRM.
PRESTON CYCLES: Section 341(a) Meeting of Creditors on November 10
------------------------------------------------------------------
On October 6, 2025, Preston Cycles LLC filed Chapter 11 protection
in the District of South Carolina. According to court filing, the
Debtor reports between $1 million and $10 million in debt owed to
100 and 199 creditors. The petition states funds will be available
to unsecured creditors.
The Section 341(a) creditors' meeting will be held on November 10,
2025 at 10:00 AM.
About Preston Cycles LLC
Preston Cycles LLC, doing business as Thunder Tower
Harley-Davidson, operates a motorcycle dealership and service
center in Elgin, South Carolina. The Company sells new and
pre-owned Harley-Davidson motorcycles, offers parts and
accessories, and provides maintenance and repair services. It
serves retail customers in the Columbia metropolitan area.
Preston Cycles LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.S.C. Case No. 25-03922) on October 6,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Elisabetta Gm Gasparini handles the
case.
The Debtor is represented by Roger K. Pruitt, Esq. of RK PRUITT LAW
FIRM.
PRO MACH: Moody's Rates New Secured First Lien Term Loan 'B2'
-------------------------------------------------------------
Moody's Ratings assigned a B2 rating to Pro Mach Group, Inc.'s (Pro
Mach) new senior secured first lien term loan. The B2 corporate
family rating, B2-PD probability of default rating, B2 rating on
the upsized senior secured first lien revolving credit facility and
stable outlook are unaffected by the debt refinancing.
Proceeds from the new senior secured bank credit facilities will be
used to refinance Pro Mach's existing capital structure and provide
future funding for potential tuck-in acquisitions. Moody's will
withdraw the rating on the existing term loan upon close of the
transaction.
RATINGS RATIONALE
The B2 CFR reflects Pro Mach's high financial leverage of 5.7x and
continued use of cash to fund tuck-in acquisitions. Although the
acquisitions have helped Pro Mach build scale and enhance its
competitive position, the acquisitions tend not be margin enhancing
in the short term. As a manufacturer of production line equipment,
Pro Mach is vulnerable to cyclical macroeconomic disruptions which
could lead to fewer investments in factories or reduced spending on
large capital projects.
The B2 rating is supported by Pro Mach's diverse product offerings
and large installed base that supports a stable, high-margin
aftermarket business. In addition, the low capital requirements
inherent in the company's assembly-based business provides ongoing
support to cash flow. Adequate liquidity will be supported by the
recently refinanced senior secured bank credit facility, inclusive
of an upsized revolver that Moody's expects will remain undrawn.
Pro Mach's stable outlook is based on Moody's expectations that the
company will be able to maintain a steady EBITDA margin and stable
cash flow from sustained demand and backlog build across its end
markets.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The ratings could be upgraded if Pro Mach experiences continued
growth of revenue and earnings, adjusted debt/EBITDA is sustained
below 5.0x, EBITA/interest is sustained above 2.0x, or if the
company adopts more conservative policies. The ratings could be
downgraded if organic growth stalls, EBITDA margin declines,
debt/EBITDA is sustained meaningfully above current levels,
EBITA/interest falls below 1.5x, liquidity deteriorates, or if Pro
Mach engages in a large debt financed acquisition or debt-funded
dividend.
The principal methodology used in this rating was Manufacturing
published in September 2025.
Headquartered near Cincinnati, Ohio, Pro Mach Group, Inc.
manufactures a broad range of processing and packaging equipment
and related aftermarket parts and services for a number of
industries across food, beverage, household goods and
pharmaceuticals. Pro Mach is owned by Leonard Green & Partners and
BDT Capital Partners. Pro Mach's revenue for the twelve months
ended June 30, 2025 was about $2.2 billion.
PROSPECT MEDICAL: Bankruptcy Plan Triggers Wave of Objections
-------------------------------------------------------------
Randi Love of Bloomberg Law reports that Prospect Medical Holdings
Inc. is facing widespread opposition to its Chapter 11
restructuring plan, with approximately 30 parties -- including
creditors, insurers, and former employees -- arguing the proposal
falls short of addressing outstanding financial obligations. The
hospital operator, which filed for bankruptcy earlier this year
amid operational challenges and rising costs, aims to liquidate its
assets to settle debts.
Among the objectors is McKesson Corp., which called the plan
"premature" in a Wednesday, October 8, 2025, filing before the U.S.
Bankruptcy Court for the Northern District of Texas. The
pharmaceutical company maintains that it is owed significant sums
through its distribution contracts with Prospect.
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, as chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' general bankruptcy counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York.
The Debtors tapped Alvarez & Marsal North America, LLC as financial
advisor; Houlihan Lokey, Inc. as investment banker; and Omni Agent
Solutions, Inc. as claims, noticing and solicitation agent.
PROSPECT MEDICAL: Secures Court OK for $45MM Yale Health Deal
-------------------------------------------------------------
Clara Geoghegan of Law360 reports that a Texas bankruptcy judge has
approved a $45 million settlement between Yale New Haven Health
Services Corp. and Prospect Medical, resolving a long-running
dispute over a failed hospital acquisition deal. The agreement ends
months of litigation as Prospect continues its path toward emerging
from Chapter 11 protection, the report noted.
In granting approval, the judge found the deal to be a fair and
reasonable resolution, acknowledging the uncertainties and
potential costs of prolonged litigation. The settlement provides
both sides with clarity as they seek to move forward, according to
report.
With the court's approval, the companies can now redirect their
attention to finalizing remaining matters in Prospect's
restructuring process and stabilizing operations following the
collapse of the hospital sale, the report states.
About Prospect Medical Holdings
Prospect Medical Holdings owns Roger Williams Medical Center, Our
Lady of Fatima Hospital, and several other healthcare facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, as chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' general bankruptcy counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York.
The Debtors tapped Alvarez & Marsal North America, LLC as financial
advisor; Houlihan Lokey, Inc. as investment banker; and Omni Agent
Solutions, Inc. as claims, noticing and solicitation agent.
PUERTO RICO: BlackRock, Franklin Reduce Stakes in PREPA Bonds
-------------------------------------------------------------
Michelle Kaske of Bloomberg News reports that BlackRock Financial
Management and Franklin Advisers have significantly reduced their
exposure to Puerto Rico Electric Power Authority (Prepa) bonds as
the utility's bankruptcy remains stalled.
The Chapter 11 case has been paused by U.S. District Court Judge
Laura Taylor Swain pending resolution of a dispute over the
composition of the island's financial oversight board. According to
court filings on Thursday, October 9, 2025, BlackRock trimmed its
Prepa bond holdings by one-third to $438 million as of October 6,
2025, while Franklin cut its stake by half.
About Puerto Rico
Puerto Rico is a self-governing commonwealth in association with
the United States. The chief of state is the President of the
United States of America. The head of government is an elected
Governor. There are two legislative chambers: the House of
Representatives, 51 seats, and the Senate, 27 seats. The
governor-elect is Ricardo Antonio Rossello Nevares, the son of
former governor Pedro Rossello.
In 2016, the U.S. Congress passed PROMESA, which, among other
things, created the Financial Oversight and Management Board and
imposed an automatic stay on creditor lawsuits against the
government, which expired May 1, 2017.
The members of the oversight board are: (i) Andrew G. Biggs, (ii)
Jose B. Carrion III, (iii) Carlos M. Garcia, (iv) Arthur J.
Gonzalez, (v) Jose R. Gonzalez, (vi) Ana. J. Matosantos, and (vii)
David A. Skeel Jr.
On May 3, 2017, the Commonwealth of Puerto Rico filed a petition
for relief under Title III of the Puerto Rico Oversight,
Management, and Economic Stability Act (PROMESA). The case is
pending in the United States District Court for the District of
Puerto Rico under case number 17-cv-01578. A copy of Puerto Rico
PROMESA petition is available at
http://bankrupt.com/misc/1701578-00001.pdf
On May 5, 2017, the Puerto Rico Sales Tax Financing Corporation
(COFINA) commenced a case under Title III of PROMESA (D.P.R. Case
No. 17-01599). Joint administration has been sought for the Title
III cases.
On May 21, 2017, two more agencies; Employees Retirement System of
the Government of the Commonwealth of Puerto Rico and Puerto Rico
Highways and Transportation Authority (Case Nos. 17-01685 and
17-01686) commenced Title III
cases.
U.S. Chief Justice John Roberts named U.S. District Judge Laura
Taylor Swain to preside over the Title III cases.
The Oversight Board has hired as advisors, Proskauer Rose LLP and
Neill & Borges LLC as legal counsel, McKinsey & Co. as strategic
consultant, Citigroup Global Markets as municipal investment
banker, and Ernst & Young, as financial advisor.
Martin J. Bienenstock, Esq., Scott K. Rutsky, Esq., and Philip M.
Abelson, Esq., of Proskauer Rose LLP; and Hermann D. Bauer, Esq.,
at O'Neill & Borges LLC are onboard as attorneys.
Prime Clerk LLC is the claims and noticing agent. Prime Clerk
maintains the case Web site
https://cases.primeclerk.com/puertorico
Jones Day is serving as counsel to certain ERS bondholders.
Paul Weiss is counsel to the Ad Hoc Group of Puerto Rico General
Obligation Bondholders.
R&R TRANSPORT: Case Summary & 13 Unsecured Creditors
----------------------------------------------------
Debtor: R&R Transport & Logistics, LLP
1409 Brittmoore
Houston, TX 77043
Case No.: 25-36034
Business Description: R & R Transport & Logistics, LLP provides
courier, delivery, and logistics services
specializing in the transportation of
parcels and freight. The company operates
from Houston, Texas, serving clients across
regional and interstate routes through its
fleet of trucks and delivery vehicles.
Chapter 11 Petition Date: October 9, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Judge: TBD
Debtor's Counsel: Richard L Fuqua, II, Esq.
FUQUA & ASSOCIATES, P.C.
8558 Katy Fwy Suite 119
Houston TX 77024
Tel: (713) 960-0277
Email: RLFuqua@fuqualegal.com
Total Assets: $1,124,622
Total Debts: $1,489,420
The petition was signed by Randy Russell as president.
A full-text copy of the petition, which includes a list of the
Debtor's 13 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/D4CYCOQ/RR_Transport__Logistics_LLP__txsbke-25-36034__0001.0.pdf?mcid=tGE4TAMA
RACKSPACE FINANCE: Nuveen Credit Marks $6.5MM 1L Loan at 48% Off
----------------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its
$6,548,458 loan extended to Rackspace Finance, LLC to market at
$3,435,616 or 52% of the outstanding amount, according to Nuveen
Credit's Form N-CSR for the fiscal year ending July 31, 2025, filed
with the U.S. Securities and Exchange Commission.
JQC is a participant in a First Lien Second Out Term Loan B to
Rackspace Finance, LLC. The loan accrues interest at a rate of
7.211% per annum. The loan matures on May 15, 2028.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, IL 60606
Telephone: (800) 257‑8787
About Rackspace Finance, LLC
Rackspace provides cloud solutions, including hybrid, private, and
public cloud, and AI solutions, empowering digital transformation.
RAS DATA: Court OKs Bid Rules for Rail Car Management Biz Sale
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division, has permitted Ras Data Services Inc. to sell
substantially all Assets, free and clear of liens, claims,
interests, and encumbrances.
The Debtor is an economically productive business with one major
problem: over a period of years, its former CEO misappropriated
roughly $20 million of its funds, leaving the Debtor hopelessly
unable to pay its debts to its customers. Given that the Debtor has
no secured debt, those customers are the chief constituency for
whom the bankruptcy case is being run. Moreover, the customers
essentially hold veto power over the assignment of their contracts
(which are among the Debtor's most valuable assets) because the
Debtor is unable to pay the cure costs needed to assign the
contracts without consent.
The Debtor is a railcar-management company that essentially serves
as an intermediary between its customers, who are owners of freight
railcars, on the one hand, and parties with whom the Customers do
business or incur obligations (including without limitation
railroads, repair shops, railcar lessees, and taxing authorities),
on the other (Vendor/Lessee).
The Court has authorized the Debtor to sell substantially all
Assets at Auction.
The bidding procedures set forth in the Approved Bidding Procedures
and expressly made a part and incorporated are approved. The Debtor
is permitted to revise the Approved Bidding Procedures after
consultation with the Consultation Parties, or further Order of
Court.
All persons or entities who submit a Qualified Bid for any of the
Sale Assets shall be deemed to have read and understood the terms
and conditions of the Approved Bidding Procedures and must comply
with, and will be bound by, such Approved Bidding Procedures.
The Debtor is authorized and empowered to take such steps and
perform such actions as may be necessary to implement and effect
the sale process contemplated by, and consistent with, the Approved
Bidding Procedures and the Sale Procedures Order.
The Court shall conduct a hearing to consider the approval of the
Asset Sale and entry of the Sale Approval Order, on December 18,
2025, at prevailing Central time, at the United States Bankruptcy
Court, Northern District of Illinois, Eastern Division, Dirksen
Federal Building, 219 S. Dearborn Street, Courtroom 642, Chicago,
Illinois 60604, or other time or other place as the Debtor shall
notify all Qualified Bidders.
All objections to the sale of the Sale Property or entry of the
Sale Approval Order must: (a) be in writing; (b) state with
specificity the nature and legal bases for such objections; and (c)
be filed with the Court no later than 12:00 30. (prevailing Central
time) on Wednesday, December 17, 2025.
No later than the first business day immediately following the Bid
Deadline, the Debtor shall file a notice with the Court and serve
same, by facsimile, overnight delivery, or such other form of
notice authorized by the recipient (including CM/ECF and/or email),
to any non-Debtor party to a Non-MSA Assignable Contract.
About RAS Data Services Inc.
RAS Data Services Inc. provides railcar management services across
the United States, integrating mechanical and accounting functions
with internet-based applications and 24/7 support to optimize
maintenance costs and fleet utilization. Founded in 2002, the
Company manages approximately 500,000 railcars for shippers,
operating lessors, utilities and short-line railroads.
RAS Data Services Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-11837) on August 1,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Michael B. Slade handles the case.
The Debtor is represented by Adam P. Silverman, Esq. at ADELMAN &
GETTLEMAN, LTD.
RENEWAL REALTY: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: Renewal Realty, LLC
27702 Crown Valley Pkwy Suite #D4-328
Ladera Ranch, CA 92694
Case No.: 25-35967
Business Description: Renewal Realty's principal assets are
located at 2100 E. 10th Street, Odessa, TX
79761.
Chapter 11 Petition Date: October 7, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Judge: Hon. Jeffrey P Norman
Debtor's Counsel: Susan Tran Adams, Esq.
TRAN SINGH, LLP
2502 La Branch St.
Houston TX 77004
Email: stran@ts-llp.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Gregory Walden as president and managing
member.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/XB243CA/Renewal_Realty_LLC__txsbke-25-35967__0001.0.pdf?mcid=tGE4TAMA
RENHURST HOLDINGS: Section 341(a) Meeting of Creditors on Nov. 12
-----------------------------------------------------------------
On October 7, 2025, Renhurst Holdings Inc. filed Chapter 11
protection in the Northern District of Texas. According to court
filing, the Debtor reports between $1 million and $10 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on November
12, 2025 at 09:30 AM by TELEPHONE.
About Renhurst Holdings Inc.
Renhurst Holdings Inc. manages real estate for others and provides
property appraisal services and is classified as a single-asset
real estate debtor under 11 U.S.C. Section 101(51B).
Renhurst Holdings Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Case No. 25-43905) on October 7, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Edward L. Morris handles the case.
The Debtor is represented by Joseph Fredrick Postnikoff, Esq. of
ROCHELLE MCCULLOUGH, LLP.
RETREAT AT JARRETT: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Retreat at Jarrett Farms, LLC received interim approval from the
U.S. Bankruptcy Court for the Northern District of Oklahoma to use
cash collateral.
The interim order authorized the Debtor to use up to $4,000 in cash
collateral to pay independent contractors for post-petition work
through October 27.
As adequate protection, Equity Bank will be granted a replacement
lien on future receivables.
The bankruptcy court said it found cause to grant the Debtor's
request in part based on the Debtor's agreement with Equity Bank.
The court set the remainder of the issues for evidentiary hearing
on October 27.
Equity Bank previously filed a motion seeking to bar the Debtor
from using funds that constitute cash collateral. That motion will
be considered at the October 27 hearing.
Equity Bank claims an interest in all assets of the Debtor,
including checking account funds and accounts receivable, securing
$1.71 million in loans it provided. The Debtor allegedly defaulted
on these loans by failing to remain current on payments and Equity
Bank issued a formal notice of default on October 30, 2023.
Subsequent state court foreclosure proceedings led to summary
judgment in favor of the bank, with a sheriff's sale held on August
25 in which the bank successfully bid $1.7 million through credit
bid.
Equity Bank now claims a secured debt of over $2.15 million while
the Debtor's real property is appraised at only $1.26 million.
The Debtor operates an event hosting and guest lodging facility in
Washington County, Oklahoma, and filed its bankruptcy petition on
September 16. Since filing, the Debtor has retained control over
its operations and assets.
As of the petition date, the Debtor held $1,948 in its deposit
accounts and approximately $9,000, including post-petition revenue,
in its debtor-in-possession account.
About Retreat at Jarrett Farms
Retreat at Jarrett Farms LLC, doing business as Jarrett Farm Resort
& Events, operates a hospitality and event venue in Ramona,
Oklahoma, offering lodging, outdoor recreation, and event hosting
services across its 114-acre property. The Company provides
accommodations in suites and cabins with amenities such as
fireplaces, jetted tubs, and full kitchens, and organizes events
including weddings, corporate retreats, and seasonal celebrations.
It serves private guests and event clients primarily in the
Bartlesville and surrounding Oklahoma region.
Retreat at Jarrett Farms sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D Okla. Case No.
25-11355) on September 16, 2025. In its petition, the Debtor
reported total assets of $2,937,228 and total liabilities of
$2,061,046 as of June 30, 2025.
Honorable Bankruptcy Judge Paul R. Thomas handles the case.
The Debtor is represented by Ron Brown, Esq., at Brown Law Firm,
PC.
RICHERT FUNDING: Court Tosses Elkhorn, et al. Appeal
----------------------------------------------------
Judge Paul G. Byron of the United States District Court for the
Middle District of Florida dismissed the appeal styled ELKHORN
GOLDFIELDS, INC., and PATRICK IMESON, Appellants, v. SONEET R.
KAPILA, Appellee, Case No: 6:23-cv-02425-PGB (M.D. Fla.).
In this appeal, the Appellants challenge the Bankruptcy Court's
Judgment as to Counts VI, VII, VIII, and IX of the underlying
complaint. In his cross-appeal, the Trustee for Elkhorn Goldfields,
Inc. challenges the Bankruptcy Court's Judgment with respect to
Counts I, II, III, IV, and V of the underlying complaint. Trustee
also challenges the Bankruptcy Court's determination that the
Judgment can only be filed in the state courts of Montana and
Colorado.
Elkhorn is a Montana corporation that owns a mine in the State of
Montana. Elkhorn's mine consists of approximately 800 patented
claims and around 2,300 unpatented acres surrounding and surface.
Patrick Imeson is an individual who has served as the president of
Elkhorn since about 2016 or 2017 until late 2018.
Richert Funding, LLC was in the business of purchasing accounts
receivable at a discount from clients, and then advancing a
percentage of the face value of the invoice to the client. The sole
owner and operator of the Debtor has been personal friends with Mr.
Imeson for 20 years. Through this personal relationship, the Debtor
entered into factoring agreements with both Elkhorn and Mr. Imeson.
This continued until the Debtor entered bankruptcy, beginning with
an involuntary proceeding on October 11, 2018. The Debtor was
insolvent at the time these agreements were made.
The Debtor made 12 transfers totaling $508,715.91 to Mr. Imeson,
who repaid $149,500 on three invoices, while nine invoices remain
unpaid.
The Debtor also made 10 transfers totaling $250,200 to Elkhorn. Of
these transfers, Elkhorn only repaid the Debtor $37,500. At least
three of the invoices pertaining to these transfers were
"refreshed" from previous invoices, and did not themselves convey
new obligations. Two of the invoices conveyed potential and
unrealized obligations, not present, existing obligations.
The Bankruptcy Court concluded that the remaining transfers
conveyed no underlying value because they were:
1) for unrealized investments in "a non-operational mine that
was not generating revenue," and
2) there was "no realistic possibility that Elkhorn could repay
the Debtor within the 90-day timeframe required" for the remaining
invoices.
Accordingly, in the Judgment, the Bankruptcy Court awarded the
Trustee the balance of the outstanding transfer amounts to Debtor.
Trustee was awarded $386,685.91 on the transfers to
Mr. Imeson and $212,700 on the transfers to Elkhorn.
Kapila, the Debtor's Chapter 11 Trustee, asserted claims against
Elkhorn and Mr. Imeson in its October 11, 2021 amended complaint,
seeking to recover the outstanding balance of the net transfer
amounts. In Counts I, II, III, IV, and V, Trustee asserted claims
sounding in contract against Elkhorn and Mr. Imeson. In Counts VI,
VII, VIII, and IX, the Trustee asserted, in the alternative,
statutory fraudulent transfers claims.
The parties in this case dispute many of the issues decided by the
Bankruptcy Court in the Judgment. They disagree on the Bankruptcy
Court's findings as to the application of state usury statutes, the
correct interpretation of choice of law clauses, and the validity
of consideration.
Fraudulent Transfer Claims
The Bankruptcy Court found for the Trustee as to the Fraudulent
Transfer Claims in Counts VI, VII, VIII, and IX. The District Court
affirms that finding, saying the Bankruptcy Court's supporting
findings of fact in the underlying Judgment were not clearly
erroneous. Nor did the lower court err in determining that the
Trustee proved, by preponderance of the evidence, the elements of
fraudulent conveyance.
According to the District Court, the Bankruptcy Court properly
evaluated invoices transferred from Elkhorn and Mr. Imeson to the
Debtor. The Bankruptcy Court determined that the transactions were
not at arm's length. The District Court agrees.
The Bankruptcy Court weighed the market value of the invoices and
determined that they were valueless. The invoices from Elkhorn had
no underlying value because they were for prospective investments
in a non-operational mine that was not generating revenue. At
trial, the Bankruptcy Court unraveled the various accounting tricks
and dishonest factoring to uncover the true nature of these
transfers. On this record, the District Court concludes the
Bankruptcy Court did not manifestly err in finding the invoices
valueless.
Contract Claims
Moreover, the Bankruptcy Court found against the Trustee as to the
Contract Claims in Counts I, II, III, IV, and V, holding that
recovery under both the contract and fraudulent conveyance theories
would constitute double recovery. The District Court agrees.
In his cross-appeal, the Trustee argues that the Bankruptcy Court
erred by rejecting the breach of contract claims. However, because
the Trustee succeeded on the Fraudulent Conveyance Claims, the
threshold issue is whether simultaneous recovery under both the
Contract Claims and Fraudulent Conveyance Claims is possible. Even
assuming arguendo that the Bankruptcy Court erred by rejecting the
breach of contract action, double recovery is not permitted.
Judge Byron explains, "If there were valid contracts that Mr.
Imeson and Elkhorn had breached, Trustee would have recovered
restitution damages. In his complaint, Trustee specifically pleads
unjust enrichment in the alternative to each count of breach of
contract. Moreover, it is an ancient principle of the law of
contracts that a plaintiff may not recover twice for the same
injury. Fundamentally, Trustee is seeking to 'claw back' the money
transferred by the bankruptcy estate to Mr. Imeson and Elkhorn.
Because Trustee was already awarded full restitution of the net
transfer amounts, permitting a second award of restitution under
the Contract Claims would be textbook double recovery."
The Trustee disputes this characterization and argues that the
causes of action are distinct, thus recovery on both theories would
not offend the principle against double recovery.
Even if the District Court granted relief to the Trustee under the
Contract Claims, recovery under Sec. 548 would be statutorily
barred. Because the estate has been awarded full restitution under
its Sec. 548 claim, a ruling in its favor on the Contract Claims
would not entitle it to any additional relief. Thus, without
deciding the underlying merit of the Contract Claims, the District
Court affirms the Judgment as to Counts I, II, III, IV, and V.
However, the District Court finds the Bankruptcy Court erred when
it required the Trustee to file this Judgment in Montana or
Colorado state court. According to the District Court, Congress
granted the federal courts no discretion to ex-ante determine where
their judgments are valid or may be filed.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=sWnYh5
About Richert Funding
Richert Funding LLC, based in Orlando, Florida, issues loans to
individuals and legal entities.
Creditors Chris Beauchamp, Clayton Worden and Benjamin Grauer filed
against Richert Funding an involuntary Chapter 7 petition (Bankr.
M.D. Fla. Case No. 18-06276) on Oct. 11, 2018. The creditors hired
Aldo Bartolone, Esq., as their counsel while the Debtor hired Furr
& Cohen, P.A. as its counsel.
On Oct. 22, 2018, the court ordered the conversion of the case to a
Chapter 11 case and the appointment of a Chapter 11 trustee. On
Oct. 29, 2018, the court approved the appointment of Soneet R.
Kapila as Chapter 11 trustee. The Trustee tapped Akerman LLP as
his legal counsel.
RITE AID: Denies Accusations of Violating CVS Transaction Terms
---------------------------------------------------------------
Rick Archer of Law360 reports that bankrupt drugstore chain Rite
Aid on Friday, October 10, 2025, defended its decision not to cover
"tail" insurance for former pharmacy employees at locations it sold
to CVS, arguing that its actions were justified because CVS
breached the sale agreement by withholding its final payment.
CVS, in a motion filed in court, claimed that Rite Aid failed to
fulfill its contractual obligation to maintain or procure the
required insurance coverage under the terms of their asset purchase
deal, the report related.
Rite Aid countered that it is being unfairly targeted, asserting
that any lapse in insurance payments stems directly from CVS's own
contractual default. The company contends that CVS's decision to
withhold the final portion of the purchase price undermined its
ability to meet certain post-closing obligations, including the
insurance coverage in question. According to Rite Aid, CVS's
actions amount to a breach that negates its claims against the
bankrupt retailer, according to report.
The disagreement adds further complexity to the ongoing financial
and legal negotiations surrounding the sale of Rite Aid's pharmacy
assets. Both companies have accused each other of failing to comply
with key provisions of the deal, reflecting broader tensions in the
aftermath of Rite Aid's bankruptcy proceedings. The dispute now
centers on interpreting each party's rights and responsibilities
under the sale agreement as the court considers the competing
claims, the report states.
About Rite Aid
Rite Aid is a full-service pharmacy committed to improving health
outcomes. Rite Aid is defining the modern pharmacy by meeting
customer needs with a wide range of solutions that offer
convenience, including retail and delivery pharmacy, as well as
services offered through the Company's wholly owned subsidiary
Bartell Drugs. On the Web: http://www.riteaid.com/
Rite Aid and certain of its subsidiaries previously filed for
chapter 11 bankruptcy in October 2023 and emerged from bankruptcy
in August 2024.
On May 5, 2025, New Rite Aid, LLC and its subsidiaries, including
Rite Aid Corporation, commenced voluntary Chapter 11 proceedings
(Bankr. D.N.J. Lead Case No. 25-14861). As of the 2025 bankruptcy
filing date, Rite Aid operates 1,277 stores and 3 distribution
centers in 15 states and employs approximately 24,500 people. Rite
Aid is using the Chapter 11 process to pursue a sale of its
prescriptions, pharmacy and front-end inventory, and other assets.
The cases are being administered by the Honorable Michael B.
Kaplan.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
advisor, Guggenheim Securities, LLC is serving as investment
banker, and Alvarez & Marsal is serving as financial advisor to the
Company. Joele Frank, Wilkinson Brimmer Katcher is serving as
strategic communications advisor to the Company.
Kroll is the claims agent and maintains the page
https://restructuring.ra.kroll.com/RiteAid2025
Bank of America, N.A., as DIP Agent, is represented by lawyers at
Greenberg Traurig, LLP; and Choate Hall & Stewart LLP.
ROCK N CONCEPTS: Court OKs The Colony Property Sale to LMG Ventures
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Texas,
Sherman Division, has approved Rock N Concepts, LLC and its
affiliate, Lava Cantina The Colony, LLC, to sell substantially all
of their Property through private sale, free and clear of liens,
claims, interests, and encumbrances.
The Debtors seek to sell via private sale, the substantially all
their property as is, where is, and free and clear of liens,
claims and encumbrances with any liens or encumbrances to attach to
the proceeds of the sale with the same validity, priority and
extent that they are attached to the Property.
The Debtor's Property is located in The Colony, Texas. The Property
is comprised of buildings, outdoor space including a stage, and all
other improvements in the Property.
The Court has authorized the Debtor to sell the Property to LMG
Ventures, LLC or its affiliates or assignee, in the purchase price
of $3.75 million.
The offer set forth in the Asset Purchase Agreement (APA) is the
highest and best offer received by the Debtors and no other
proposed purchaser has presented a higher offer.
The sale transaction as documented in the APA was negotiated,
proposed, and is undertaken by the Debtors and the Purchaser at
arms' length, without collusion or fraud, and in good faith within
the meaning of Section 363(m) of the Bankruptcy Code.
About Rock N Concepts, LLC
Rock N Concepts, LLC and Lava Cantina The Colony, LLC, a live
entertainment venue and restaurant located in The Colony, Texas,
filed Chapter 11 petitions (Bankr. E.D. Tex. Lead Case No.
25-40416) on February 18, 2025.
At the time of the filing, both Debtors reported between $1 million
and $10 million in assets and liabilities.
Sarah M. Cox, Esq., at Spector & Cox, PLLC is the Debtor's legal
counsel.
Regions Bank, as secured creditor, is represented by Jason T.
Rodriguez, Esq., at Higier Allen & Lautin, PC, in Dallas, Texas.
RONALD JINSKY: Inks Deal to Use FNBT's Cash Collateral
------------------------------------------------------
Ronald Jinsky, LLC asks the U.S. Bankruptcy Court for the Western
District of Wisconsin for authority to use cash collateral in
accordance with its agreement with First National Bank and Trust.
This agreement is essential for the Debtor's continued operation as
an over-the-road trucking company, which depends entirely on its
freight contracts and accounts receivable for income. The
stipulation becomes effective immediately upon court approval and
will remain in place until the court either enters an order related
to a default or confirms a plan of reorganization.
Under the stipulation, FNBT consents to the Debtor's use of cash
collateral in the ordinary course of business in exchange for
adequate protection payments of $3,945 per month. Additionally, the
Debtor agrees to make a lump-sum catch-up payment of $23,668,
covering adequate protection for the months of April through
September. Payments are to be made via wire transfer or ACH, with
strict timing requirements.
In the event of a default such as failure to make payments or a
conversion to Chapter 7, FNBT may seek relief from the automatic
stay after giving 14 days' notice and an opportunity to cure the
default.
The stipulation also affirms that the underlying loan agreements
remain in effect unless specifically modified and does not waive
any of FNBT's rights or remedies against the Debtor or guarantors.
This arrangement is critical, as the Debtor asserts it cannot
operate or meet its expenses without access to the cash collateral,
and any interruption would harm both the Debtor and its creditors.
FNBT holds a perfected lien on the collateral, including cash
collateral, via a UCC filing from 2021.
A copy of the stipulation is available at
https://urlcurt.com/u?l=Ck0TCi from PacerMonitor.com.
About Ronald Jinsky LLC
Ronald Jinsky, LLC, doing business as Jinsky Trucking, is a
family-owned and operated interstate trucking company based in
Beloit, Wisconsin. Established in 1982, the company specializes in
transporting general freight, metal sheets, building materials, and
paper products.
Ronald Jinsky sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Wis. Case No. 25-10838) on April
11, 2025. In its petition, the Debtor reported between $1 million
and $10 million in both assets and liabilities.
Honorable Judge Catherine J. Furay oversees the case.
The Debtor is represented by Daniel J. McGarry, Esq., at Krekeler
Law, S.C.
First National Bank and Trust Co, as lender, is represented by:
David C. Moore, Esq.
Anna Eager, Esq.
100 South Main Street
Janesville, WI 53545
Tel: 608-755-8100
dmoore@nowlan.com
aeager@nowlan.com
ROYAL G.L.S.: Seeks Chapter 11 Bankruptcy for 2nd Time
------------------------------------------------------
On October 10, 2025, Royal G.L.S. Corp. voluntarily filed for
Chapter 11 bankruptcy in the Southern District of New York. The
bankruptcy petition indicates total liabilities estimated between
$100,001 and $1 million. The debtor listed between 1 and 49
creditors.
The company previously filed for Chapter 11 bankruptcy in the
Southern District of New York on July 19, 2024 under Case No.
24-11248. The bankruptcy case was dismissed on September 19, 2024
and closed on September 20, 2024.
About Royal G.L.S. Corp.
Royal G.L.S. Corp. is a real estate company.
Royal G.L.S. Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-12246) on October 10,
2025. In its petition, the Debtor reports estimated assets up to
$100,000 and estimated liabilities between $100,001 and $1
million.
Honorable Bankruptcy Judge Michael E. Wiles handles the case.
RUNITONETIME LLC: Plans to Sell Casinos, Other Properties in Ch. 11
-------------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that Maverick
Gaming, a casino and card-room operator headquartered in
Washington, has identified a group of lenders and casino managers
as buyers for its assets in its Chapter 11 case. Court filings show
the company seeks to sell key casinos, hotel properties, and gaming
technology for around $65.8 million, largely financed through a
credit bid from its secured lenders, in addition to cash and
assumed notes.
The asset sales are pending approval from the U.S. Bankruptcy Court
for the Southern District of Texas, the report states.
About RunItOneTime LLC
RunItOneTime LLC, formerly known as Maverick Gaming LLC,
headquartered in Kirkland, Washington, is a regional casino and
cardroom operator across Washington State, Nevada, and Colorado.
The company operates a portfolio of 31 properties, with 1,800 slot
machines, 350 table games, 1,020 hotel rooms, and 30 restaurants.
Maverick was founded in 2017 by Eric Persson and Justin Beltram,
who hold over 70% ownership in the company.
RunItOneTime LLC and 67 affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on
July 14, 2025. In its petition, RunItOneTime estimated assets and
liabilities between $100 million and $500 million each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Latham & Watkins LLP as counsel; and Hunton
Andrews Kurth LLP, as bankruptcy co-counsel. The Debtors also
engaged GLC Advisors & Co., LLC and GLC Securities, LLC, as
investment banker, and Triple P TRS, LLC as financial advisor. The
Debtors' tax advisor is KPMG LLP.
RUNITONETIME LLC: Teamsters Local Seeks Review of Maverick Sale
---------------------------------------------------------------
Emlyn Cameron of Law360 reports that a Teamsters local has urged a
Texas bankruptcy judge to reconsider his decision approving
RunItOneTime LLC's sale of assets to a company managed by one of
its founders. The union argued that the court overstepped its
authority in determining that the two businesses were distinct,
claiming the deal may effectively transfer assets between related
parties, according to the report.
According to the Teamsters, the sale was not conducted at arm's
length and could allow RunItOneTime to continue operating under a
different name while evading financial or labor obligations. The
union contends that the court's earlier ruling failed to properly
examine the relationship between the seller and the buyer,
warranting closer scrutiny under bankruptcy law, according to
Law360.
If the judge reconsiders and reverses his order, the asset transfer
could be halted or reopened for new bids. The challenge underscores
broader concerns about insider transactions and the need for
transparency in bankruptcy sales involving companies with
overlapping management, the report states.
About RunItOneTime LLC
RunItOneTime LLC, formerly known as Maverick Gaming LLC,
headquartered in Kirkland, Washington, is a regional casino and
cardroom operator across Washington State, Nevada, and Colorado.
The company operates a portfolio of 31 properties, with 1,800 slot
machines, 350 table games, 1,020 hotel rooms, and 30 restaurants.
Maverick was founded in 2017 by Eric Persson and Justin Beltram,
who hold over 70% ownership in the company.
RunItOneTime LLC and 67 affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90191) on
July 14, 2025. In its petition, RunItOneTime estimated assets and
liabilities between $100 million and $500 million each.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Latham & Watkins LLP as counsel; and Hunton
Andrews Kurth LLP, as bankruptcy co-counsel. The Debtors also
engaged GLC Advisors & Co., LLC and GLC Securities, LLC, as
investment banker, and Triple P TRS, LLC as financial advisor. The
Debtors' tax advisor is KPMG LLP.
SAFE & GREEN: Olenox Signs $3M Deal to Purchase Texas Property
--------------------------------------------------------------
Safe & Green Holdings Corp. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that Olenox Corp,
a wholly owned subsidiary of the Company, entered into a Purchase
Agreement with Charles E Webb Jr Family Partnership LTD, pursuant
to which Olenox will purchase certain real property located at 1207
N FM 3083 Rd, Conroe, Texas, which includes office space and
warehouse space, for a purchase price of $3,000,000.
The purchase of the Conroe Property is explicitly contingent upon
Olenox obtaining a third-party loan secured by the Conroe Property
in the amount of $2,400,000 for not less than 20 years with an
initial interest rate not to exceed 8.000% and payments calculated
on an amortization period of no less than 20 years.
Pursuant to the terms of the Purchase Agreement, Olenox would take
occupancy September 26, 2025. Olenox has the option to extend the
closing of the transaction for up to 24 months. Olenox has executed
a commercial lease with the Seller for the interim period between
the execution of the Purchase Agreement and the closing of the
transaction. $4,000 of the lease payments per month will be
credited to the sales price at closing.
Pursuant to the terms of the Purchase Agreement, Olenox must
deposit $30,000 as earnest money not later than 3 days after the
effective date of the Purchase Agreement. Pursuant to the terms of
the Lease, Olenox must pay a $20,000 security deposit with the
Seller, which may be applied by the Seller to any amounts owed by
Olenox under the Lease. Olenox shall maintain in full force and
effect from an insurer authorized to operate in Texas, commercial
general liability insurance naming Seller as an additional insured
with policy limits on an occurrence basis with a minimum amount of
$2,000,000.
The foregoing descriptions of the Purchase Agreement and the Lease
are qualified in their entirety by reference to the full text of
the Purchase Agreement and the Lease, copies of which are available
at https://tinyurl.com/32pef3en and https://tinyurl.com/2waudfmr,
respectively.
About Safe & Green
Safe & Green Holdings Corp. is a modular solutions company
headquartered in Miami, Florida. The company specializes in the
development, design, and fabrication of modular structures,
focusing on safe and green solutions across various industries.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated March 31, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has incurred net losses since its inception, negative working
capital, and negative cash flows from operations, which raises
substantial doubt about its ability to continue as a going
concern.
As of Dec. 31, 2024, the Company had $6,071,524 in total assets,
$18,531,832 in total liabilities, and a total stockholders' deficit
of $12,460,308.
SANUWAVE HEALTH: Appoints Daniel Coyle as Chief Operating Officer
-----------------------------------------------------------------
SANUWAVE Health, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that Daniel Coyle was
appointed the Chief Operating Officer of the Company.
Mr. Coyle, age 35, was the Company's Vice President of Engineering
and Operations from October 2024 through September 2025, and a
Program Director at Nextern, a medical device manufacturer, from
September 2019 through September 2024.
Mr. Coyle has no family relationships with any executive officer or
director of the Company, and he has no direct or indirect material
interest in any transaction required to be disclosed pursuant to
Item 404(a) of Regulation S-K. Further, there are no arrangements
or understandings between Mr. Coyle and any other person pursuant
to which he was selected to become the Chief Operating Officer of
the Company.
Effective upon his appointment, Mr. Coyle's annualized base salary
was increased to $225,000, and his annual cash bonus award
opportunity for the remainder of 2025 was increased to 40% of his
annual base salary. The Compensation Committee of the Board of
Directors also approved an award of stock options to purchase
60,000 shares of the Company's common stock, which Options shall be
granted to Mr. Coyle and shall vest and become exercisable in 12
equal installments on each quarterly anniversary of the grant
date.
Immediately prior to Mr. Coyle's appointment, Peter Stegagno, the
Company's former Chief Operating Officer, was removed from such
position and appointed the Company's Chief Regulatory Officer.
In connection with this transition, the Board completed a detailed
review of Mr. Stegagno's new functions and responsibilities, and
based upon such review, determined that he no longer satisfies the
definition of "officer" set forth in Rule 16a-1(f) promulgated
under the Securities Exchange Act of 1934 or the definition of
"executive officer" set forth in Rule 3b-7 under the Exchange Act.
About SANUWAVE
Headquartered in Suwanee, Ga., SANUWAVE Health, Inc. (OTCQB:SNWV)
-- http://www.SANUWAVE.com-- is an ultrasound and shock wave
technology Company using patented systems of noninvasive,
high-energy, acoustic shock waves or low intensity and non-contact
ultrasound for regenerative medicine and other applications. The
Company's focus is regenerative medicine utilizing noninvasive,
acoustic shock waves or ultrasound to produce a biological response
resulting in the body healing itself through the repair and
regeneration of tissue, musculoskeletal, and vascular structures.
The Company's two primary systems are UltraMIST and PACE. UltraMIST
and PACE are the only two Food and Drug Administration (FDA)
approved directed energy systems for wound healing.
New York, NY-based Marcum LLP, the Company's auditor since 2018,
issued a "going concern" qualification in its report dated March
20, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has
incurred recurring losses, has negative working capital, and needs
to refinance its debt to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
For the fiscal year ended December 31, 2024, SANUWAVE had $30.12
million in total assets, $42.84 million in total liabilities, and
$12.72 million in total stockholders' deficit. As of June 30, 2025,
the Company had $33.05 million in total assets, $47.82 million in
total liabilities, and $14.78 million in total stockholders'
deficit.
SANUWAVE HEALTH: President Andrew Walko Terminated
--------------------------------------------------
SANUWAVE Health, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on September 25, 2025,
Andrew Walko, the Company's President, was terminated without
cause, effective as of October 24, 2025.
The Company and Mr. Walko are negotiating the terms of a separation
agreement, which is expected to be finalized at a later date.
The Company does not intend to appoint a new President at this
time.
About SANUWAVE
Headquartered in Suwanee, Ga., SANUWAVE Health, Inc. (OTCQB:SNWV)
-- http://www.SANUWAVE.com-- is an ultrasound and shock wave
technology Company using patented systems of noninvasive,
high-energy, acoustic shock waves or low intensity and non-contact
ultrasound for regenerative medicine and other applications. The
Company's focus is regenerative medicine utilizing noninvasive,
acoustic shock waves or ultrasound to produce a biological response
resulting in the body healing itself through the repair and
regeneration of tissue, musculoskeletal, and vascular structures.
The Company's two primary systems are UltraMIST and PACE. UltraMIST
and PACE are the only two Food and Drug Administration (FDA)
approved directed energy systems for wound healing.
New York, NY-based Marcum LLP, the Company's auditor since 2018,
issued a "going concern" qualification in its report dated March
20, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has
incurred recurring losses, has negative working capital, and needs
to refinance its debt to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
For the fiscal year ended December 31, 2024, SANUWAVE had $30.12
million in total assets, $42.84 million in total liabilities, and
$12.72 million in total stockholders' deficit. As of June 30, 2025,
the Company had $33.05 million in total assets, $47.82 million in
total liabilities, and $14.78 million in total stockholders'
deficit.
SARASOTA SEAFOOD: Case Summary & 18 Unsecured Creditors
-------------------------------------------------------
Debtor: Sarasota Seafood, Inc
DBA Gyros and Seafood Express
918 N. Washington Blvd.
Sarasota, FL 34236
Case No.: 25-07398
Business Description: Sarasota Seafood, Inc., doing business as
Gyros & Seafood Express, operates a fast-
casual restaurant in Sarasota, Florida,
serving seafood, gyros, sandwiches, and
bowls. The Company offers dine-in, takeout,
and drive-thru services.
Chapter 11 Petition Date: October 7, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Judge: TBD
Debtor's Counsel: Benjamin G. Martin, Esq.
LAW OFFICES OF BENJAMIN MARTIN
3131 S. Tamiami Trail, Suite 101
Sarasota, FL 34239-5101
Tel: (941) 951-6166
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Hatem Hajri as president.
A full-text copy of the petition, which includes a list of the
Debtor's 18 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RE5RPRQ/Sarasota_Seafood_Inc__flmbke-25-07398__0001.0.pdf?mcid=tGE4TAMA
SARASOTA SEAFOOD: Seeks Subchapter V Bankruptcy in Florida
----------------------------------------------------------
On October 7, 2025, Sarasota Seafood Inc. initiated a voluntary
Chapter 11 bankruptcy case in the Middle District of Florida
Bankruptcy Court. Documents filed with the court indicate that the
company has liabilities estimated between $1 million and $10
million. The petition also states that the company has 1 to 49
creditors involved in the case.
About Sarasota Seafood Inc.
Sarasota Seafood Inc., Gyros and Seafood Express, is a Sarasota,
Florida–headquartered seafood company specializing in
distribution, wholesale supply, and processing services for a
variety of domestic and imported seafood products.
Sarasota Seafood Inc. sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-07398)
on October 7, 2025. In its petition, the Debtor reports estimated
assets up to $100,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Catherine Peek McEwen handles the case.
The Debtor is represented by Benjamin G. Martin, Esq. of Law
Offices of Benjamin Martin.
SCILEX HOLDING: $2.7M Warrant Exercise Yields 275K New Warrants
---------------------------------------------------------------
Scilex Holding Company disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that on September 30,
2025, the Company entered into a Warrant Exercise Agreement with
certain holders of the Company's existing warrants to purchase
shares of the Company's common stock, par value $0.0001 per share
at an exercise price of $22.72 per share originally issued pursuant
to that certain Securities Purchase Agreement, dated December 11,
2024, by and among the Company and the investors named therein.
Pursuant to the Warrant Exercise Agreements, the Existing Warrant
Holders will exercise in full the Existing December 2024 Warrants
for an aggregate of 179,236 shares of Common Stock and defer, for a
deferral fee of $7.72 per share being exercised, their right to
receive an amortization payment scheduled to be paid by the Company
on October 1, 2025 as set forth in the amortization schedule
included in that certain Senior Secured Convertible Note issued to
each Existing Warrant Holder and Oramed Pharmaceuticals Inc.
pursuant to that certain Securities Purchase Agreement, dated as of
October 7, 2024, by and among the Company and the investors party
thereto (including the Existing Warrant Holders) in exchange for
the Company's agreement to issue new warrants to purchase an
aggregate of 275,000 shares of Common Stock at an exercise price of
$20.00 per share.
The aggregate gross proceeds from the exercise of the Existing
December 2024 Warrants, net of the Deferral Fee, is approximately
$2.7 million.
The Company has agreed to use an aggregate of $2.5 million of the
gross proceeds from the warrant exercises in connection with the
repayment of such aggregate amounts outstanding under the Tranche B
Notes, and the remaining proceeds from the exercise of the Existing
December 2024 Warrants for general corporate purposes.
The September 2025 Warrants are immediately exercisable upon
issuance. The issuance of the September 2025 Warrants was made
pursuant to an exemption from registration provided by Section
4(a)(2) of the Securities Act of 1933, as amended, and Rule 506(b)
of Regulation D as promulgated thereunder by the United States
Securities and Exchange Commission.
The Company has agreed to file as soon as practicable (and in any
event within 30 calendar days of the date of the Warrant Exercise
Agreement) a registration statement on Form S-3 (or Form S-1 if
Form S-3 is not available to the Company) registering under the
Securities Act of 1933, as amended, the resale by the Existing
Warrant Holders of the shares of Common Stock issuable upon
exercise of the of the September 2025 Warrants or to include such
shares of Common Stock in any other registration statement on Form
S-3 filed by the Company.
The September 2025 Warrants shall have an expiration date of
December 13, 2029.
The Exercise Price of the September 2025 Warrants is subject to
adjustment for any stock split, stock dividend, stock combination,
recapitalization or similar event and is also subject to adjustment
in connection with certain subsequent offerings at a per share
price less than the exercise price of the September 2025 Warrants
then in effect.
A holder of a September 2025 Warrant shall not have the right to
exercise any portion of a September 2025 Warrant to the extent
that, after giving effect to such exercise, the holder (together
with certain related parties) would beneficially own in excess of
4.99% of shares of Common Stock outstanding immediately after
giving effect to such exercise. The Maximum Percentage may be
raised or lowered to any other percentage not in excess of 9.99%,
at the option of the holder, except that any increase will only be
effective upon 61 days' prior notice to the Company.
The September 2025 Warrants prohibit the Company from entering into
specified fundamental transactions unless the successor entity
(subject to certain exceptions) assumes all of the Company's
obligations under the September 2025 Warrants under a written
agreement before the transaction is completed.
Upon specified corporate events, a September 2025 Warrant holder
will thereafter have the right to receive upon an exercise such
shares, securities, cash, assets or any other property whatsoever
which the holder would have been entitled to receive upon the
happening of the applicable corporate event had the September 2025
Warrant been exercised immediately prior to the applicable
corporate event.
When there is a transaction involving specified changes of control,
holders of September 2025 Warrants will have the right to force the
Company to repurchase such holder's September 2025 Warrant for a
purchase price in cash equal to the Black Scholes value, as
calculated under the September 2025 Warrants, of the then
unexercised portion of the September 2025 Warrant.
Rodman & Renshaw, LLC and Stockblock Securities, LLC acted as the
exclusive placement agents for the warrant exercise and inducement
transaction.
The Warrant Exercise Agreements contain other customary provisions
including representations and warranties of the Company and the
Existing Warrant Holders.
The Warrant Exercise Agreement is available at
https://tinyurl.com/2a6fekfj and the form of September 2025 Warrant
is available at https://tinyurl.com/42tt28f9.
About Scilex Holding Company
Palo Alto, Calif.-based Scilex Holding Company --
www.scilexholding.com -- is an innovative revenue-generating
company focused on acquiring, developing and commercializing
non-opioid pain management products for the treatment of acute and
chronic pain and, following the formation of its proposed joint
venture with IPMC Company, neurodegenerative and cardiometabolic
disease. Scilex targets indications with high unmet needs and large
market opportunities with non-opioid therapies for the treatment of
patients with acute and chronic pain and is dedicated to advancing
and improving patient outcomes. Scilex's commercial products
include: (i) ZTlido (lidocaine topical system) 1.8%, a prescription
lidocaine topical product approved by the U.S. Food and Drug
Administration for the relief of neuropathic pain associated with
postherpetic neuralgia, which is a form of post-shingles nerve
pain; (ii) ELYXYB, a potential first-line treatment and the only
FDA-approved, ready-to-use oral solution for the acute treatment of
migraine, with or without aura, in adults; and (iii) Gloperba, the
first and only liquid oral version of the anti-gout medicine
colchicine indicated for the prophylaxis of painful gout flares in
adults.
In its report dated March 31, 2025, the Company's auditor, BMP LLP,
issued a "going concern" qualification, attached to the Company's
Annual Report on Form 10-K for the year ended Dec. 31, 2024, citing
that the Company has suffered recurring losses from operations and
has a net capital deficiency that raise substantial doubt about its
ability to continue as a going concern.
As of Dec. 31, 2024, Scilex Holding had $92.95 million in total
assets, $285.59 million in total liabilities, and a total
stockholders' deficit of $192.64 million.
SECURECOMM TECHNOLOGIES: Hires Hoffman & Saweris as Counsel
-----------------------------------------------------------
Securecomm Technologies, Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to hire Matthew
Hoffman and his law firm, Hoffman & Saweris, P.C., to serve as
bankruptcy counsel in its Chapter 11 case.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties;
(b) advise the Debtor with respect to the rights and remedies of
the Estate's creditors and other parties in interest;
(c) conduct appropriate examinations of witnesses, claimants, and
other parties in interest;
(d) prepare all appropriate pleadings and other legal instruments
required to be filed in this case;
(e) represent the Debtor in all proceedings before the Court and
in any other judicial or administrative proceeding in which the
rights of the Debtor or the Estate may be affected;
(f) represent and advise the Debtor in the reorganization of
assets and liabilities through the bankruptcy court;
(g) advise the Debtor in connection with the formulation,
solicitation, confirmation, and consummation of any plan(s) of
reorganization which the Debtor may propose; and
(h) perform any other legal services that may be appropriate in
connection with the continued operations of the Debtor's business.
The firm will be paid at these hourly rates:
Mr. Hoffman $400
Mr. Alan Brian Saweris $325
paralegals $75
Hoffman & Saweris, P.C. is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code, according to
court filings.
The firm can be reached at:
Matthew Hoffman, Esq.
Alan Brian Saweris, Esq.
David M. Smith, Esq.
HOFFMAN & SAWERIS, P.C.
Riviana Building
2777 Allen Parkway, Suite 1000
Houston, TX 77019
Telephone: (713) 654-9990
Facsimile: (713) 654-0038
E-mail: Matthew@mhsawlaw.com
Alan@mhsawlaw.com
About Securecomm Technologies, Inc.
Securecomm Technologies, Inc. sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-35638) on
September 25, 2025.
At the time of the filing, the Debtor had estimated assets of
between $100,001 and $500,000 and liabilities of between $100,001
and $500,000.
Judge Jeffrey P. Norman oversees the case.
Hoffman & Saweris, P.C. is the Debtor's legal counsel.
SECURECOMM TECHNOLOGIES: Jarrod Martin Named Subchapter V Trustee
-----------------------------------------------------------------
The U.S. Trustee for Region 7 appointed Jarrod Martin, Esq., a
practicing attorney in Houston, as Subchapter V trustee for
Securecomm Technologies, Inc.
Mr. Martin will be paid an hourly fee of $650 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Martin declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jarrod B. Martin, Esq.
1200 Smith Street, Suite 1400
Houston, TX 77002
Phone: 713-356-1280
Email: JBM.Trustee@chamberlainlaw.com
About Securecomm Technologies Inc.
Securecomm Technologies, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Texas Case No.
25-35638) on September 25, 2025, with $100,001 to $500,000 in
assets and liabilities.
Matthew Hoffman, Esq. at Hoffman & Saweris, P.C. represents the
Debtor as legal counsel.
SEMECHKI LLC: Seeks Chapter 7 Bankruptcy in New York
----------------------------------------------------
On October 9, 2025, Semechki LLC submitted a voluntary Chapter 7
bankruptcy petition in the U.S. Bankruptcy Court for the Eastern
District of New York. The filing shows the company's liabilities
estimated between $1 million and $10 million, and lists between 1
and 49 creditors.
About Semechki LLC
Semechki LLC is a single asset real estate company.
Semechki LLC sought relief under Chapter 7 of the U.S. Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 25-44892) on October 9, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
SINCLAIR INC: Taps Ex-CFO Lucy Rutishauser as Consultant
--------------------------------------------------------
Sinclair, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that pursuant to a previously
announced Chief Financial Officer transition plan, on July 7, 2025,
the Company announced that, effective such date, Lucy Rutishauser
would step down as the Company's Chief Financial Officer and
continue as Executive Vice President to support the transition of
Narinder Sahai, as the Company's Executive Vice President and Chief
Financial Officer.
Effective October 1, 2025, Ms. Rutishauser retired from employment
with the Company. On such date, the Company and Ms. Rutishauser
entered into a consulting agreement whereby, for a period of up to
two years, Ms. Rutishauser will provide mutually agreed upon
strategic consulting services to the Company.
During the term of the Agreement, Ms. Rutishauser will be paid
$593.75 per hour for each hour that consulting services are
performed, with a guarantee of payment for a minimum of eight hours
per week, and, if Ms. Rutishauser elects to continue her health
insurance coverage (including family coverage) with Sinclair (under
COBRA), Sinclair shall pay for such COBRA coverage or, at the
election of Ms. Rutishauser, will reimburse Ms. Rutishauser for any
cost and expense actually incurred by Ms. Rutishauser for such
COBRA coverage (including any additional taxes).
COBRA coverage shall not extend beyond April 1, 2027 (the
"Applicable COBRA Period"). During the portion of the term of the
Agreement, if any, that extends past the Applicable COBRA Period,
Sinclair will reimburse Ms. Rutishauser for any cost incurred by
her (including any additional taxes) to secure and maintain
equivalent health insurance above and beyond the cost she would
have incurred as an employee were she (and her husband) covered
under Sinclair's health insurance plan.
The Agreement also contains non-competition, non-solicitation and
confidentiality restrictions on Ms. Rutishauser.
In connection with the Agreement, the Company and Ms. Rutishauser
agreed to amend the terms of each outstanding award of Stock
Appreciation Rights held by Ms. Rutishauser granted under the
Sinclair, Inc. 2022 Stock Incentive Plan to extend the
post-termination exercise period of the SARs on certain qualifying
terminations to the 10-year expiration date of the SARs.
A copy of the Agreement will be filed as an exhibit with the
Company's Quarterly Report on Form 10-Q for the quarter ended
September 30, 2025.
About Sinclair Inc.
Headquartered in Hunt Valley, MD, Sinclair, Inc. is the operator of
Tennischannel.com, one of the most popular sports streaming
services in the country dedicated to providing prerecorded and live
coverage of tennis and other racquetball sports.
As of June 30, 2025, the Company had $5.67 billion in total assets,
$5.38 billion in total liabilities, and $293 million in total
equity.
* * *
The Troubled Company Reporter reported on Jan. 17, 2025, that S&P
Global Ratings lowered the issuer credit rating on Sinclair Inc. to
'B-' from 'B'.
At the same time, S&P lowered the issue-level rating on the
company's existing senior secured debt to 'B' from 'B+' and placed
it on CreditWatch with negative implications. S&P also lowered the
issue-level rating on the company's existing senior unsecured debt
to 'CCC' from 'CCC+'.
SMITH'S BARBEQUE: Seeks Subchapter V Bankruptcy in Mississippi
--------------------------------------------------------------
On October 5, 2025, Smith's Barbeque and Cajun Cuisine LLC entered
voluntary Chapter 11 bankruptcy proceedings in the Northern
District of Mississippi. The restaurant's petition shows estimated
liabilities between $100,001 and $1 million. The company also
reports having one to forty-nine creditors.
About Smith's Barbeque and Cajun Cuisine LLC
Smith's Barbeque and Cajun Cuisine LLC, dba The Cajun Shotgun House
& Barbecue, is a family-run restaurant that combines traditional
Cajun flavors with classic Southern barbecue dishes.
Smith's Barbeque and Cajun Cuisine LLC sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Miss. Case No. 25-13340) on October 1, 2025. In its petition, the
Debtor reports estimated assets up to $100,000 and estimated
liabilities between $100,001 and $1 million.
Honorable Bankruptcy Judge Selene D. Maddox handles the case.
The Debtor is represented by Susan C. Smith, Esq.
SOUTHERN AUTO: Court Extends Cash Collateral Access to Nov. 1
-------------------------------------------------------------
Southern Auto Parts, Inc. received a one-month extension from the
U.S. Bankruptcy Court for the Eastern District of North Carolina,
New Bern Division, to use cash collateral.
The tenth interim order signed by Judge David Warren authorized the
Debtor to use cash collateral for the period from October 1 to
November 1 to pay the operating expenses set forth in its budget,
subject to a 10% variance.
The budget projects total operational expenses of $197,899.97 for
the interim period.
The creditors that assert an interest in the Debtor's cash
collateral are General Parts Distribution, LLC, Carolina Small
Business Development Fund, House-Hasson Hardware Company,
First-Citizens Bank & Trust Company, and the U.S. Small Business
Administration.
As adequate protection, the secured creditors will be granted
post-petition lien and security interest in all property of the
Debtor with the same priority as their pre-bankruptcy lien and
security interest.
As additional protection, First-Citizens, the current holder of
several loans, will be granted a superpriority administrative
expense claim to the extent the use, sale, or lease of its
collateral results in a decrease in its interest therein.
The order remains in effect until modified or terminated by the
court. Validity of liens created under the order will survive
dismissal or conversion to Chapter 7.
The final hearing is scheduled for October 16.
About Southern Auto Parts
Southern Auto Parts, Inc., formerly known as Trenton Auto Parts,
Inc., owns and operates an auto parts store in Trenton, N.C.
Southern Auto Parts filed Chapter 11 petition (Bankr. E.D.N.C. Case
No. 25-00294) on January 27, 2025, with $1 million to $10 million
in both assets and liabilities. Jared L. Beverage, president of
Southern Auto Parts, signed the petition.
Judge David M. Warren presides over the case.
Joseph Zachary Frost, Esq., at Buckmiller & Frost, PLLC is the
Debtor's legal counsel.
First-Citizens Bank & Trust Company, as secured creditor, is
represented by:
Paul A. Fanning, Esq.
Ward and Smith, P.A.
P.O. Box 8088
Greenville, NC 27835-8088
Telephone: 252.215.4000
Facsimile: 252.215.4077
paf@wardandsmith.com
General Parts Distribution, LLC, as secured creditor, is
represented by:
Kelly C. Hanley, Esq.
P.O. Box 1000
Raleigh, NC 27602
Telephone: (919) 981-4000
Facsimile: (919) 981-4300
khanley@williamsmullen.com
Carolina Small Business Development Fund, as secured creditor, is
represented by:
James R. Vann, Esq.
Vann Attorneys, PLLC
3110 Edwards Mill Rd., Ste. 210
Raleigh, NC 27612
Telephone: (919) 510-8585
Facsimile: (919) 510-8570
jrvann@vannattorneys.com
House-Hasson Hardware Company, as secured creditor, is represented
by:
Jason L. Rogers, Esq.
Hodges, Doughty & Carson, PLLC
P.O. Box 869
Knoxville, TN 37901-0869
Telephone: (865) 292-2307
jrogers@hdclaw.com
SPIRIT AIRLINES: Secures Court OK on $200MM DIP, AerCap Lease Deal
------------------------------------------------------------------
Alex Wittenberg of Law360 reports that a New York bankruptcy judge
on Friday, October 10, 2025, signed off on Spirit Airlines' bid to
borrow $200 million in Chapter 11 financing and approve a
settlement with its largest aircraft lessor. The ruling gives the
low-cost carrier access to critical funds to sustain operations as
it restructures and reduces the size of its fleet.
The financing package will help Spirit meet immediate expenses and
stabilize cash flow while it continues negotiations with creditors
and lessors. The settlement with its biggest lessor also resolves
key disputes over aircraft leases, paving the way for the airline
to streamline its operations and focus on more profitable routes,
according to report.
With the court's approval, Spirit now has a financial and
operational path forward as it works through bankruptcy. The
company aims to emerge leaner and more efficient, supported by
reduced lease costs and a smaller, more sustainable fleet, the
report states.
About Spirit Airlines
Spirit Airlines, LLC (SAVE) is a low-fare carrier committed to
delivering the best value in the sky by offering an enhanced travel
experience with flexible, affordable options. Spirit serves
destinations throughout the United States, Latin America and the
Caribbean with its Fit Fleet, one of the youngest and most
fuel-efficient fleets in the U.S. On the Web:
http://wwww.spirit.com/
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 24-11988) on Nov. 18, 2024, after
reaching terms of a pre-arranged plan with bondholders.
At the time of the filing, Spirit Airlines reported $1 billion to
$10 billion in both assets and liabilities. Judge Sean H. Lane
oversees the case.
The Debtors tapped Davis Polk & Wardwell, LLP as legal counsel;
Alvarez & Marsal North America, LLC, as financial advisor; and
Perella Weinberg Partners LP as investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
Paul Hastings, LLP and Ducera Partners, LLC serve as legal counsel
for the Ad Hoc Group of Convertible Noteholders.
Akin Gump Strauss Hauer & Feld, LLP and Evercore Group LLC
represent the Ad Hoc Group of Senior Secured Noteholders.
The official committee of unsecured creditors retained Willkie Farr
& Gallagher LLP as counsel.
Citigroup Global Markets, Inc., is serving as financial advisor and
Latham & Watkins LLP is serving as legal counsel to Frontier.
2nd Attempt
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 25-11896) on August 29, 2025. In its
petition, the Debtors reports estimated assets and liabilities
between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by Marshall Scott Huebner, Esq. and
Darren S. Klein, Esq. at Davis Polk & Wardwell LLP.
SPIRIT AVIATION: Hires Davis Polk & Wardwell as Legal Counsel
-------------------------------------------------------------
Spirit Aviation Holdings, Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of New York to hire
Davis Polk & Wardwell LLP to serve as attorneys for the Debtors and
Debtors-in-Possession in its Chapter 11 case.
Davis Polk will provide these services:
(a) prepare, on behalf of the Debtors, all necessary or
appropriate motions, applications, objections, replies, answers,
orders, reports, and other papers in connection with the
administration of the Debtors' estates;
(b) counsel the Debtors regarding their rights and obligations
as debtors in possession and their powers and duties in the
continued management and operation of their businesses and
properties;
(c) provide advice, representation, and preparation of necessary
documentation and pleadings and take all necessary or appropriate
actions in connection with debt restructuring, statutory bankruptcy
issues, post-petition financing, strategic transactions, securities
laws, and real estate, environmental, intellectual property,
employee benefits, business and commercial litigation, and
corporate and tax matters;
(d) take all necessary or appropriate actions to protect and
preserve the Debtors' estates, including the prosecution of actions
on the Debtors' behalf, the defense of any actions commenced
against the Debtors, the negotiation of disputes in which the
Debtors are involved, and the preparation of objections to claims
filed against the Debtors' estates;
(e) take all necessary or appropriate actions in connection with
any Chapter 11 plan, any related disclosure statement, and all
related documents and such further actions as may be required in
connection with the administration of the Debtors' estates; and
(f) act as general restructuring counsel for the Debtors and
perform all other necessary or appropriate legal services in
connection with the Chapter 11 Cases.
For the services rendered, the Debtors propose to pay Davis Polk
the applicable rates for timekeepers staffed on this matter as set
forth in the firm's declaration and to reimburse Davis Polk
according to its customary reimbursement policies. Davis Polk
typically adjusts its rates on or around January 1 each year.
According to court filings, Davis Polk & Wardwell LLP is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached at:
Marshall S. Huebner, Esq.
Darren S. Klein, Esq.
Christopher S. Robertson, Esq.
Joseph W. Brown, Esq.
DAVIS POLK & WARDWELL LLP
450 Lexington Avenue
New York, NY 10017
Telephone: (212) 450-4000
E-mail: marshall.huebner@davispolk.com
darren.klein@davispolk.com
christopher.robertson@davispolk.com
joseph.brown@davispolk.com
About Spirit Aviation Holdings Inc.
Spirit Aviation Holdings, Inc. and its subsidiaries operate Spirit
Airlines, a U.S.-based low-cost carrier providing air
transportation services across the United States, Latin America,
and the Caribbean.
Spirit Aviation Holdings, Inc. and its affiliates filed their
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bankr. S.D.N.Y. Lead Case No. 25-11897) on August 29, 2025.
Judge Sean H. Lane oversees the case.
Marshall Scott Huebner, Esq. at Davis Polk & Wardwell LLP
represents the Debtors as counsel.
SPIRIT AVIATION: Hires PJT Partners as Investment Banker
--------------------------------------------------------
Spirit Aviation Holdings, Inc., and its affiliated debtors seek
approval from the U.S. Bankruptcy Court to employ PJT Partners LP
as investment banker in connection with their Chapter 11 cases.
PJT Partners will provide these services:
(a) provide financial and strategic advice regarding the
Debtors' capital structure and restructuring alternatives;
(b) assist in evaluating potential financial transactions,
including mergers, acquisitions, asset sales, and financing
options;
(c) assist in negotiations with creditors and stakeholders;
(d) provide analyses and presentations related to valuation,
liquidity, and restructuring options;
(e) assist in the development and implementation of a
restructuring or sale transaction;
(f) render fairness opinions, if requested; and
(g) provide other investment banking services as may be
necessary for successful reorganization or sale.
PJT Partners will receive a monthly fee of $200,000 and a
transaction fee based on the consummated transaction value. The
Debtors will also reimburse PJT for reasonable out-of-pocket
expenses. Fifty percent of monthly fees paid after 12 months may be
credited toward any transaction fee, subject to the engagement
terms.
PJT Partners has represented that it is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code and
holds no interest adverse to the Debtors.
The firm can be reached at:
John James O'Connell III
PJT Partners LP
280 Park Avenue
New York, NY 10017
About Spirit Aviation Holdings
Inc.
Spirit Aviation Holdings, Inc. and its subsidiaries operate Spirit
Airlines, a U.S.-based low-cost carrier providing air
transportation services across the United States, Latin America,
and the Caribbean.
Spirit Aviation Holdings, Inc. and its affiliates filed their
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bankr. S.D.N.Y. Lead Case No. 25-11897) on August 29, 2025.
Judge Sean H. Lane oversees the case.
Marshall Scott Huebner, Esq. at Davis Polk & Wardwell LLP
represents the Debtors as counsel.
SPIRIT AVIATION: Taps Epiq Corporate as Administrative Agent
------------------------------------------------------------
Spirit Aviation Holdings, Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of New York to employ
Epiq Corporate Restructuring, LLC as Administrative Agent, nunc pro
tunc to the petition date, in connection with its Chapter 11 case.
Epiq will provide these services:
(a) assist with solicitation, balloting, tabulation, and
calculation of votes, and prepare reports as required in
furtherance of plan confirmation, and process document requests
from parties in interest;
(b) generate an official ballot certification and, if necessary,
testify in support of ballot tabulation results;
(c) assist with the preparation of the Debtors' schedules of
assets and liabilities and statements of financial affairs and
gather related data;
(d) provide a confidential data room, if requested;
(e) manage and coordinate any distributions pursuant to a
Chapter 11 plan; and
(f) provide other processing, solicitation, balloting, and
administrative services as may be requested by the Debtors, the
Court, or the Office of the Clerk of the Bankruptcy Court.
Epiq's hourly rates range from $55 to $195, depending on the level
of personnel. The Debtors provided Epiq with a $50,000 retainer
received on August 28, 2025, which remains on account.
Epiq Corporate Restructuring, LLC is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached at:
Kathryn Tran, Consulting Director
EPIQ CORPORATE RESTRUCTURING, LLC
777 Third Avenue, 12th Fl.
New York, NY 10017
About Spirit Aviation Holdings Inc.
Spirit Aviation Holdings, Inc. and its subsidiaries operate Spirit
Airlines, a U.S.-based low-cost carrier providing air
transportation services across the United States, Latin America,
and the Caribbean.
Spirit Aviation Holdings, Inc. and its affiliates filed their
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bankr. S.D.N.Y. Lead Case No. 25-11897) on August 29, 2025.
Judge Sean H. Lane oversees the case.
Marshall Scott Huebner, Esq. at Davis Polk & Wardwell LLP
represents the Debtors as counsel.
SPLASH BEVERAGE: Board Adopts 2025 Equity Incentive Plan
--------------------------------------------------------
Splash Beverage Group, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Board of
Directors approved and adopted the 2025 Equity Incentive Plan.
The Plan is effective subject to shareholder approval in accordance
with the Rules of The Nasdaq Stock Market, LLC. The plan will be
effective upon stockholder approval, and will remain in effect
until September 25, 2035, unless the Board terminates the Plan
before expiration.
Background:
The Plan provides for the grant of incentive stock options
("ISOs"), non-qualified stock options, restricted stock awards,
restricted stock units ("RSUs") and stock appreciation rights
("SARs").
Awards may be granted under the Plan to the Company's employees,
directors and independent contractors.
The purpose of the Plan is to enhance the ability of the Company to
attract and retain qualified employees, consultants, Officers and
directors, by creating incentives and rewards for their
contributions to the success of the Company and its subsidiaries.
Available Shares; Limits on Awards:
The total number of shares of the Company's common stock which may
be issued under the Plan is no more than 15% of the outstanding
shares of common stock outstanding on a fully diluted basis.
The Share Reserve will automatically increase on January 1 of each
year for a period of seven years beginning on January 1, 2026, and
ending on January 1, 2032, in an amount equal to 5% of the total
number of shares of common stock outstanding on December 31 of the
preceding calendar year on a fully diluted basis.
The Board may determine that prior to any Share Reserve increate
date that the Share Reserve shall not increase or the Share Reserve
will increase at a lesser number than what would otherwise occur on
January 1 for that year.
Administration and Eligibility:
The Company's Compensation Committee will continue to administer
the Plan until the Board otherwise directs. The Compensation
Committee will have the authority to determine:
(i) eligible employees to whom awards may be granted;
(ii) when stock rights may be granted;
(iii) exercise prices of awards, which may not be less than the
fair market value;
(iv) determine whether each option granted will be an ISO or a
non-qualified option;
(v) when stock rights become exercisable, duration of exercise
period, and vesting terms;
(vi) restrictions on awards; and
(vii) any interpretations of the Plan and any promulgations,
rules, and regulations relating to the Plan.
Subject to applicable securities laws, the Compensation Committee
may grant ISOs, non-qualified stock options, RSUs, restricted
stock, and SARs to directors, officers, employees, and independent
contractors under the Plan.
Types of Awards That May Be Granted:
Subject to limits in the Plan, the Compensation Committee may
grant:
(i) ISOs;
(ii) non-qualified stock options
(iii) restricted stock;
(iv) RSUs; and
(v) SARs.
Non-Qualified Stock Options:
The grant of a non-qualified stock option will not result in
taxable income to the participant. The participant will recognize
ordinary income at the time of exercise equal to the excess of the
fair market value of the shares on the date of exercise over the
exercise price and the Company will be entitled to a corresponding
deduction for tax purposes. Gains or losses realized by the
participant upon the sale of the shares acquired on exercise will
be treated as capital gains or losses.
Stock Appreciation Rights:
The grant of SARs will not result in taxable income to the
participant. The participant will recognize ordinary income at the
time of exercise equal to the amount of cash received or the fair
market value of the shares received (or the amount of cash) and the
Company will be entitled to a corresponding deduction for tax
purposes. If the SARs are settled in shares of common stock, then
when the shares are sold the participant will recognize capital
gain or loss on the difference between the sale price and the
amount recognized at exercise. Whether it is a long-term or
short-term gain or loss depends on how long the shares are held.
Restricted Stock:
Unless a participant makes an election to accelerate the
recognition of income to the grant date (as described below), the
grant of restricted stock awards will not result in taxable income
to the participant. When the restrictions lapse, the participant
will recognize ordinary income on the excess of the fair market
value of the shares on the vesting date over the amount paid for
the shares, if any, and the Company will be entitled to a
corresponding deduction.
If the participant makes an election under Section 83(b) of the
Internal Revenue Code within thirty days after the grant date, the
participant will recognize ordinary income as of the grant date
equal to the fair market value of the shares on the grant date over
the amount paid, if any, and the Company will be entitled to a
corresponding deduction. Any future appreciation will be taxed at
capital gains rates. However, if the shares are later forfeited,
the participant will not be able to recover any taxes paid.
Restricted Stock Units:
The grant of a RSUs will not result in taxable income to the
participant. When the RSU is settled and common stock delivered,
the participant will recognize ordinary income equal to the fair
market value of the shares provided on settlement and the Company
will be entitled to a corresponding deduction. Any future
appreciation will be taxed at capital gains rates.
Forfeiture:
Unless otherwise provided for in an agreement, all vested or
unvested awards under the Plan granted to employees or consultants
shall be immediately forfeited at the Board's discretion if any of
the following events occur:
(i) termination of the relationship with the grantee for cause
including, but not limited to, fraud, theft, dishonesty and
violation of Company policy;
(ii) purchasing or selling securities of the Company in
violation of the Company's insider trading guidelines then in
effect;
(iii) breaching any duty of confidentiality including that
required by the Company's insider trading guidelines then in
effect;
(iv) competing with the Company;
(v) being unavailable for consultation after leaving the
Company's employment if such availability is a condition of any
agreement between the Company and the grantee;
(vi) recruitment of Company personnel after termination of
employment, whether such termination is voluntary or for cause;
(vii) failure to assign any invention or technology to the
Company if such assignment is a condition of employment or any
other agreements between the Company and the grantee; or
(viii) a finding by the Board that the grantee has acted
disloyally and/or against the interests of the Company.
In addition to the foregoing, pursuant to Rule 10D-1 of the
Exchange Act and the related rules promulgated by the New York
Stock Exchange, the Company is required to recover from former and
current executive officers reasonably, promptly, and completely the
amount of erroneously awarded incentive-based compensation if the
Company is required to prepare an accounting restatement due to
Company's material non-compliance with any financial reporting
requirement under the securities laws.
Unless otherwise provided for in an agreement, all vested or
unvested awards under the Plan granted directors of the Company
shall be immediately forfeited at the Board's discretion if any of
the following events occur:
(i) purchasing or selling securities of the Company in
violation of the Company's insider trading guidelines then in
effect;
(ii) breaching any duty of confidentiality including that
required by the Company's insider trading guidelines then in
effect;
(iii) competing with the Company;
(iv) recruitment of Company personnel after ceasing to be a
director; or
(v) a finding by the Board that the grantee has acted
disloyally and/or against the interests of the Company.
Adjustments upon Changes in Capitalization:
In the event of increases or decreases in the number of issued
shares of our common stock resulting from a stock split, reverse
stock split, stock dividend, or combination or reclassification of
shares, the number of shares of common stock authorized for
issuance under the Plan and the price per share of common stock
covered by an outstanding stock option or stock appreciation right,
shall be proportionately adjusted. Notwithstanding the foregoing,
any adjustments with respect to ISOs shall be made only after the
Board or Compensation Committee determines the tax implications of
such adjustment.
Change of Control:
In the event of a merger of Change of Control, outstanding awards
under the Plan will be assumed, or an equivalent award will be
substituted by the successor corporation. If a successor
corporation refuses to assume or substitute the outstanding awards,
the awards will fully vest and the participants will have the right
to exercise their awards to the extent it would not otherwise be
vested or exercisable. If an award becomes fully vested or
exercisable in lieu of the assumption or substitution, the Board or
Compensation Committee shall notify the participant that the award
is fully vested and exercisable for a period of at least 15 days.
"Change of Control" under the Plan means the occurrence of any of
the following events:
(i) the consummation of the sale or disposition by the Company
of all or substantially all of the Company's assets in a
transaction which requires stockholder approval under applicable
state law; or
(ii) the consummation of a merger or consolidation of the
Company with any other corporation, other than a merger or
consolidation which would result in the voting securities of the
Company outstanding immediately prior thereto continuing to
represent (either by remaining outstanding or by being converted
into voting securities of the surviving entity or its parent) at
least 50% of the total voting power represented by the voting
securities of the Company or such surviving entity or its parent
outstanding immediately after such merger or consolidation.
Amendment of the Plan and Awards Thereunder:
The Board may amend the Plan at any time. However, except in the
case of adjustments upon changes in common stock, no amendment will
be effective unless approved by the stockholders of the Company to
the extent stockholder approval is necessary to satisfy applicable
laws or the rules of any stock exchange or quotation system on
which the shares of common stock are listed or quoted. The Board
may amend the terms of awards under the Plan at any time, however,
the Board may not amend an award that would impair a participant's
rights under the award without the participant's written consent.
The full text of the Plan is available at
https://tinyurl.com/5n7n7y73
About Splash Beverage Group
Fort Lauderdale, Florida-based Splash Beverage Group, Inc. is a
portfolio company specializing in managing multiple brands across
various growth segments within the consumer beverage industry. The
Company focuses on incubating and acquiring brands with the aim of
ccelerating them to higher volumes and increased sales revenue.
As of December 31, 2024, the Company had $2.8 million in total
assets, $21.4 million in total liabilities, and $18.6 million in
total stockholders' deficit.
Encino, Calif.-based Rose, Snyder & Jacobs LLP, the Company's
auditor since 2023, issued a "going concern" qualification dated
July 11, 2025, attached to the Company's Annual Report on Form 10-K
for the fiscal year ended December 31, 2024. The report indicated
that the Company has suffered recurring losses from operations and
has an accumulated deficit and a working capital deficiency that
raise substantial doubt about its ability to continue as a going
concern.
SPLASH BEVERAGE: Board Adopts Bylaws to Revise Quorum, Voting Rules
-------------------------------------------------------------------
Splash Beverage Group, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Board
approved and adopted amendments to the Company's Bylaws.
The Bylaw Amendments are summarized as follows:
(i) provide that the quorum requirement for shareholders'
meetings shall be one-third of the outstanding voting power; and
(ii) provide that if a quorum is present, the affirmative vote
of a majority of votes cast shall be an act of the shareholders
unless a different voting standard is required by applicable law;
(iii) provide for roles and duties of the Chief Executive
Officer and President which are consistent with the Company's
current management structure and
(iv) remove a special notice timing requirement for the mailing
of notice relating to an increase in authorized shares.
The Amendments became effective upon their adoption on September
25, 2025.
The foregoing description of the Amendment does not purport to be
complete and is qualified in its entirety by reference to the full
text of the Amendment, a copy of which is available at
https://tinyurl.com/3kahaawd
About Splash Beverage Group
Fort Lauderdale, Florida-based Splash Beverage Group, Inc. is a
portfolio company specializing in managing multiple brands across
various growth segments within the consumer beverage industry. The
Company focuses on incubating and acquiring brands with the aim of
ccelerating them to higher volumes and increased sales revenue.
As of December 31, 2024, the Company had $2.8 million in total
assets, $21.4 million in total liabilities, and $18.6 million in
total stockholders' deficit.
Encino, Calif.-based Rose, Snyder & Jacobs LLP, the Company's
auditor since 2023, issued a "going concern" qualification dated
July 11, 2025, attached to the Company's Annual Report on Form 10-K
for the fiscal year ended December 31, 2024. The report indicated
that the Company has suffered recurring losses from operations and
has an accumulated deficit and a working capital deficiency that
raise substantial doubt about its ability to continue as a going
concern.
SRX HEALTH: Reports $15.1 Million Net Loss in Fiscal Q3
-------------------------------------------------------
SRx Health Solutions, Inc. filed with the U.S. Securities and
Exchange Commission its Quarterly Report on Form 10-Q reporting a
net loss of $15.1 million and $29.7 million in the three and nine
months ended June 30, 2025, respectively. The Company incurred a
net loss of $3.1 million and $11.1 million in the three and nine
months ended June 30, 2024, respectively.
As of June 30, 2025 and September 30, 2024, the Company had an
accumulated deficit of $98.4 million and $70.0 million,
respectively, and working capital deficiency of $49.6 million and
$67.7 million, respectively.
As of June 30, 2025, the Company had $33.99 million in total
assets, $79.87 million in total liabilities, and $45.88 million in
total stockholders' deficit.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/y4mtpcss
About SRx Health Solutions, Inc.
SRx Health Solutions, Inc. formerly known as Better Choice Company
Inc., -- https://srxhealth.com/ -- is an integrated Canadian
healthcare services provider that operates within the specialty
healthcare industry. The SRx network extends across all ten
Canadian provinces, making it one of the most accessible providers
of comprehensive, integrated, and customized specialty healthcare
services in the country. SRx combines years of industry,
knowledge, technology, and patient-centric focus to create
strategies and solutions that consistently exceed client
expectations and drive critical patient care initiatives aimed to
improve the wellness of Canadians.
Tampa, Fla.-based Marcum LLP, the Company's auditor since 2024,
issued a "going concern" qualification in its report dated March
31, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended Dec. 31, 2024, citing that the Company has incurred
significant losses and has an accumulated deficit and may need to
raise additional funds to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
SS&C TECHNOLOGIES: $1.05BB Loan Add-on No Impact on Moody's Ba2 CFR
-------------------------------------------------------------------
Moody's Ratings said the proposed SS&C Technologies, Inc.'s $1.05
billion backed senior secured first-lien term loan B add-on due
2031 has no impact to SS&C Technologies Holdings, Inc.'s (SS&C)
ratings, including the Ba2 corporate family rating, and the Ba2-PD
probability of default rating. Concurrently, the Ba1 ratings on the
backed senior secured bank credit facilities issued by SS&C's
subsidiaries, SS&C Technologies, Inc. and SS&C European Holdings
S.a.r.l. and Ba3 rating on the senior unsecured notes issued by
SS&C Technologies, Inc. are also unaffected by the debt add-on. The
outlook remains unchanged at stable. SS&C is a leading provider of
software and software-enabled solutions to financial services
firms.
Proceeds from the additional term loan B add-on will be used to
acquire London, UK based Calastone, a global funds network and
leading provider of technology solutions to the wealth and asset
management industries. Founded in 2007, Calastone connects
financial institutions via the facilitation of investment
transactions through automation and other strategies. The
acquisition of the company is expected to close in October 2025.
The issuance of this additional debt to fund the transaction is
modestly leveraging, with SS&C's pro forma our-adjusted debt/EBITDA
at 3.7x, versus 3.3x prior to the debt raise as of June 30, 2025.
However, the acquisition has long-term positive effects despite the
comparatively small scale of the target as the acquired business is
synergistic with SS&C's Global Investor & Distribution Solutions
Group, Inc. offerings and is expected to be accretive to earnings
within the next 12 months. Moody's views the company's liquidity
profile to be very good as indicated by the speculative grade
liquidity rating (SGL) of SGL-1.
RATINGS RATIONALE
SS&C's ratings, including the Ba2 corporate family rating (CFR),
and stable outlook are unchanged. Moody's considers debt leverage
moderately high, with debt/EBITDA of 3.7x (based on Moody's
standard adjustments), pro forma for the additional debt issuance,
for the trailing twelve month period ended June 30, 2025. The
rating is supported by SS&C's large revenue scale, wide operating
scope and solid competitive positioning as a leading provider of
software and software-enabled services, primarily to financial
services firms. SS&C's credit profile is further supported by its
good revenue predictability, about 90% of which is attributable to
recurring, transaction-based services provided to a very large
client base. SS&C's strong profitability and annual free cash flow
to debt of approximately 14% provides capacity to gradually repay
debt. Additionally, its solid liquidity offers a buffer to manage
temporary operational challenges effectively.
SS&C's credit profile is negatively impacted by the company's
concentrated vertical market focus with exposure to traditional and
alternative asset management firms based in North America. To
varying degrees, SS&C's fees from these customers can fluctuate
based on the market value of assets under management and number of
transactions processed. However, changes to revenues are somewhat
cushioned from these factors due to their various pricing schemes,
including minimum fees and tiered pricing. The issuer's credit
quality is also influenced by corporate governance concerns related
to the company's historical financial policies, featuring
considerable expenditures on share repurchases and dividends, and
an opportunistic, debt-fueled acquisition growth strategy. SS&C's
history of increasing debt leverage significantly to finance
acquisitions can result in high event risk and reflects an
aggressive financial strategy, with ongoing potential for
re-leveraging, that constrains credit quality.
The SGL-1 speculative grade liquidity rating reflects SS&C's very
good liquidity profile, with cash of approximately $480 million as
of June 30, 2025 and Moody's expectations for over $800 million in
free cash flow (after dividends) in 2025. SS&C's liquidity is also
supported by the availability of a $600 million revolving credit
facility (undrawn as of June 30, 2025) expiring in 2027. The
revolver is subject to a maximum net leverage ratio covenant of
6.25x if utilization exceeds 30%. Moody's do not expect the
covenant to be triggered, but expect that the company has ample
operating cushion under the covenant if it is measured. The term
loans do not include any financial maintenance covenants. The term
loans require mandatory repayment from excess cash flow (as defined
in the credit agreement), the amount of which is based on leverage
levels.
SS&C's senior secured debt, issued by subsidiaries SS&C
Technologies, Inc. (SS&C Technologies) and SS&C European Holdings
S.a.r.l. (SS&C Europe Sarl), is comprised of the company's $600
million revolver expiring 2027, $800 million senior secured term
loan A due 2029, and $4.985 billion senior secured term loan B due
2031 pro forma for the proposed add-on. The Ba1 senior secured
rating benefits from the first-loss absorption provided by the
unsecured notes. The revolver and term loans are secured by a first
priority security interest in substantially all tangible and
intangible assets of the respective borrowers and their guarantor
operating subsidiaries. Additionally, the lenders to the credit
facilities are party to a Re-Allocation Agreement, which requires
lenders to exchange participation in the event of a default such
that each of the lenders hold proportionate amounts of debt at SS&C
Europe Sarl and SS&C Technologies, effectively equalizing the
recoveries across all tranches in the event of a bankruptcy.
Accordingly, Moody's rates the facilities at both entities on par
despite the differences in initial guarantees and collateral
available to the loans at the two entities.
SS&C Technologies, Inc.'s $2.75 billion of senior unsecured notes
due 2027 and 2032 are rated Ba3, reflecting their junior position
in the debt capital structure behind the large amount of secured
claims.
The stable outlook on SS&C reflects Moody's expectations that the
company will continue to generate low single-digit percentage
revenue and EBITDA growth over the next 12 to 18 months and
debt/EBITDA (our adjusted) will decline towards a low 3.0x range
during this period, barring additional debt funded acquisitions.
However, Moody's outlook could be revised to negative from stable
if there is a weakening in business performance or if SS&C adopts
more aggressive financial strategies, such as large debt-funded
share repurchases or acquisitions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if SS&C expands revenues and EBITDA
over the intermediate term such that the company can sustain
debt/EBITDA below 2.5x with free cash flow/debt sustained above 20%
while adhering to conservative financial policies.
The ratings could be downgraded if SS&C experiences meaningful
weakness in operating performance or adopts more aggressive
financial strategies, such that Moody's expects debt/EBITDA to
remain above 4.0x and free cash flow to be below 10% over an
extended period of time.
SS&C Technologies Holdings, Inc., headquartered in Windsor,
Connecticut, is a provider of software and software-enabled
services to over 18,000 clients in the financial services and
healthcare industries. Moody's projects that SS&C will generate
revenue of about $6 billion in 2025.
STAMFORD MANAGEMENTCO: Seeks Chapter 7 Bankruptcy in New York
-------------------------------------------------------------
On October 3, 2025, Stamford ManagementCo LLC voluntarily filed for
Chapter 7 bankruptcy in the Eastern District of New York. Court
documents show that the company's liabilities in the range of $0 to
$100,000, with an estimated 1–49 creditors.
About Stamford ManagementCo LLC
Stamford ManagementCo LLC is a limited liability company.
Stamford ManagementCo LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-73828) on October
3, 2025. In its petition, the Debtor reports estimated assets and
liabilities up to $100,000 each.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Charles J. Brown, III, Esq., of
Gellert Seitz Busenkell & Brown, LLC.
STEELHOMES MODULAR: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Two affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Steelhomes Modular Corp. (Lead Case) 25-21834
4300 NW 128 St
Opa Locka FL 33054
Steelhomes LLC 25-21835
4300 NW 128 St
Opa Locka FL 33054
Business Description: SteelHomes Modular Corp. and SteelHomes LLC,
based in Opa-locka, Florida, design and
manufacture modular steel-frame homes and
structures, providing customizable floor
plans for residential, commercial, and
emergency housing applications.
Chapter 11 Petition Date: October 7, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Judge: Hon. Laurel M Isicoff
Debtors' Counsel: Robert Reynolds, Esq.
LAW OFFICES OF ROBERT F. REYNOLDS, P.A.
515 East Olas Blvd. 850
Fort Lauderdale, FL 33301
Tel: 954-755-9928
Email: rreynolds@robertreynoldspa.com
Steelhomes Modular's
Total Assets: $396,333
Steelhomes Modular's
Total Liabilities: $5,636,160
Steelhomes LLC's
Total Assets: $275,000
Steelhomes LLC's
Total Liabilities: $2,680,031
The petitions were signed by Alfredo Rodriguez as president.
Full-text copies of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7VJAITA/Steelhomes_Modular_Corp__flsbke-25-21834__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/4H6TEHI/Steelhomes_LLC__flsbke-25-21835__0001.0.pdf?mcid=tGE4TAMA
STERLION CREATIONS: Unsecureds to Get 2 Cents on Dollar in Plan
---------------------------------------------------------------
Sterlion Creations Inc. filed with the U.S. Bankruptcy Court for
the Eastern District of New York a Plan of Reorganization dated
October 1, 2025.
Since its inception, the Debtor and its principal Joel Stern has
been engaged in the Artwork of specialized manufacturing and
customization of high-end promotional products, personalized
corporate gifts, and memorial plaques.
The Debtor is a New York State corporation formed on January 6,
2014. The business is distinguished by its proprietary capability
to laser-engrave and print on durable materials such as stone,
steel, and various metals, offering uniquely tailored items for
both corporate and commemorative purposes.
The final Plan payment is expected to be paid on December 31st,
2027. Upon sale of the business and inventory and machines. Debtor
assumption of funds being available to make all plan payments
timely.
This Plan of Reorganization proposes to pay creditors of the Debtor
from the sale of the business and the related sale of assets.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 2 cents on the dollar. This Plan provides for full
payment of administrative expenses and priority claims.
Class 3 consists of Nonpriority unsecured creditors. This Class
shall be paid from the sale proceeds from Equipment and Inventory
Amounts TBD at time of Sale. Approximately $0.02 (2 Cents) on their
claims will be paid. This Class is impaired.
Class 4 consists of Equity security holders of the Debtor. Class 4
Equity holder will not see any distribution since the assets will
be liquidated and sold to pay off the secured claims and some funds
to pay other classes.
The Debtor principal Joel Stern shall arrange to sell all business
assets and inventory and obtain the funds to implicate the
bankruptcy plan. Distribution will be made with court approval.
A full-text copy of the Plan of Reorganization dated October 1,
2025 is available at https://urlcurt.com/u?l=Wwmf4G from
PacerMonitor.com at no charge.
The Debtor's Counsel:
Joshua Bronstein, Esq.
JOSHUA R. BRONSTEINS & ASSOCIATES, PLLC
46 Grace Avenue, Apt. 3N
Great Neck, NY 11021-2626
Phone: (516)698-0202
About Sterlion Creations Inc.
Sterlion Creations Inc. is a custom art, engraving, printing, and
commemorative manufacturing company. It produces personalized items
such as trophies, plaques, engraved gifts, and promotional products
for schools, religious institutions, nonprofits, and community
organizations. The Company works with various materials, including
glass, wood, acrylic, metals, stone, and textiles, and serves a
diverse client base across faiths and sectors.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22563) on June 23,
2025, with under $50,000 in assets and over $1.2 million in
liabilities. Joel Stern, chief executive officer, signed the
petition.
Judge Sean H. Lane presides over the case.
Joshua R. Bronstein, Esq. at The Law Offices Of Joshua R. Bronstein
& Associates, PLLC represents the Debtor as legal counsel.
STS RENEWABLES: To Sell Drilling Business to 273 for $11.79MM
-------------------------------------------------------------
STS Renewables Ltd., in its capacity as the authorized foreign
representative, seeks permission from the U.S. Bankruptcy Court for
the District of Delaware, to sell Assets, free and clear of liens,
claims, interests, and encumbrances.
The Debtors are a vertically integrated geothermal energy system
developer that provides renewable heating and cooling to
multi-residential building developers. Their business is controlled
by STS, a private Canadian corporation that directly or indirectly
wholly owns each of the other Debtors. The Debtors' two
complementary business segments, both of which primarily operate in
the geothermal industry, are: (i) a business segment focused on
utility development, through which they utilize an
"energy-as-a-service" business model, and (ii) a business segment
focused on geothermal, geotechnical, oil sands, and
mineral-exploration drilling, through which they specialize in the
drilling required to install geothermal energy systems. The
Drilling Business has employed the majority of the Debtors'
employees—as of April 15, 2025, nine employees were employed by
the Debtors in connection with the Utility Development Business and
ninety-six employees were employed in connection with the Drilling
Business. The Utility Development Business operates through a joint
venture with a subsidiary of Forum Investment and Development
Corporation. The Debtors operate across Canada and the United
States.
As set forth in more detail in the Initial Foreign Representative
Declaration, the Debtors' liquidity situation deteriorated in the
lead-up to the commencement of the Canadian Proceedings and these
Chapter 15 Cases. Both proceedings were commenced with the goal of
obtaining financing to meet critical expenses and conducting a sale
process.
On May 15, 2025, the Debtors commenced the Canadian Proceedings
with the Canadian Court. That same day, the Canadian Court entered
an initial order authorizing, among other things, the Foreign
Representative to act as the Debtors’ foreign representative and
seek this Court's assistance via chapter 15 of the Bankruptcy
Code.
On June 10, 2025, this Court entered an order granting the Verified
Petition, recognizing the Canadian Proceedings as a foreign main
proceeding, recognizing the Foreign Representative.
On May 23, 2025, the Canadian Court entered its SISP Approval. The
SISP Approval Order approved and authorized a sale and investment
solicitation process.
The SISP provided for the Debtors and PricewaterhouseCoopers Inc.,
in its capacity as monitor of the Debtors, to implement the SISP
and for the Monitor to lead a two-phase process to canvass the
market for a value maximizing transaction or transactions.
The SISP contemplated that any party who is a director, officer,
employee, or other non-arms' length party in relation to the
Debtors could participate in the SISP as a Potential Bidder,
provided that the Monitor would not provide any information to the
Insider whereby the Insider's receipt of such information might
create an unfair advantage or jeopardize the integrity of the SISP.
The Drilling Purchaser is owned and managed by certain Insiders,
including John Paul Wegleitner, a director and officer of multiple
Debtors. The Monitor was informed of such Insiders' intention to
participate in the SISP at its outset and therefore incorporated
and implemented appropriate safeguards to ensure the fairness of
the SISP for all Potential Bidders.
The principal terms of the Drilling Purchase Agreement is also
provided.
-- Vendor and Related Parties: STS (Vendor) STS USA, Earth
Drilling, On Track, Earth Drilling US, Harris (Parties)
-- Purchaser: 273
-- Transaction Structure: Reverse vesting share subscription
transaction structure.
-- Purchase Price: $11,794,408.52, as adjusted within the Drilling
Purchase Agreement.
The Drilling Purchase Agreement contemplates that the Drilling
Purchaser will pay a total Purchase Price of $11,794,408.52,
subject to the agreed treatment of certain accounts payable and
accounts receivable.
The Purchase Price is to be satisfied by (i) the cash deposit of
$1,045,559.15, which has been received by the Monitor; (ii) the
assumption of $1,332,642.93 of outstanding obligations owing under
equipment leases to which the Debtors are party; and (iii) a cash
payment of the remainder of the Purchase Price less the Deposit and
less the amount of the Outstanding Equipment Lease Obligations. As
described in the chart above, the parties have also reached an
agreement with respect to the Drilling Subsidiaries' working
capital.
The Drilling Purchase Agreement contemplates a "reverse vesting"
transaction. Reverse vesting transactions have become an
increasingly common feature of CCAA proceedings, and are frequently
approved by the Canadian Court.
The Reverse Vesting Order provides that all claims will be vested
out of the Drilling Subsidiaries and such claims will attach to the
liabilities vested in ResidualCo.
The Reverse Vesting Order contains releases and protections in
favor of certain parties, including, among others, the current and
former directors, officers, and legal counsel of the Drilling
Subsidiaries and ResidualCo; the Monitor and its legal counsel; and
the Monitor's respective current directors, officers, partners,
employees, and advisors.
The Debtors and the Drilling Purchaser have had advanced
discussions and intend to enter into bills of sale of the Equipment
with four parties. The listing of Equipment authorized to be sold
to each Equipment Purchaser and the Bills of Sale are attached to
the Zweig Declaration at Exhibit B.
Entering into the Drilling Purchase Agreement and consummating the
Drilling Transaction is a prudent exercise of the Debtors' business
judgment. The Drilling Transaction represent the culmination of the
SISP approved by the Canadian Court and conducted by the Monitor, a
Canadian Court officer.
The Foreign Representative believes that the Drilling Transactions
represent the best realization of value for the Debtors’
stakeholders under the circumstances.
The Drilling Purchase Agreement is the result of an extensive
marketing process undertaken by the Monitor in accordance with the
SISP and are the product of arm's length, good faith negotiations
between the parties thereto, with each party represented by
independent counsel and advisors.
The Foreign Representative seeks a finding that 273 is a good-faith
purchasers of the Bankruptcy Code and have not violated section
363(n) of the Bankruptcy Code.
About STS Renewables Ltd.
Subterra is a vertically integrated developer of geothermal energy
systems that supplies renewable heating and cooling solutions to
multi-residential building developers. It operates two core
segments: a utility development business using an
energy-as-a-service model and a drilling business that supports
geothermal and resource exploration. Subterra operates across
Canada and the U.S. and is wholly owned by STS Renewables, a
private Canadian company.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del.) on May 15, 2025. The Debtor
discloses unknown estimated assets and liabilities. The other
Debtor affiliates are Earth Drilling Co. Ltd., On Track Drilling
Inc., Subterra Capital Partners Inc., Subterra Development Ltd.,
STS Renewables Earth USA Acquisition Co. Ltd., Earth Drilling Co.
Ltd., Subterra Capital Partners US Inc., and Harris Exploration
Drilling & Associates, Inc.
The case is assigned to Hon. Karen B Owens.
The Foreign Representative is STS Renewables Ltd., represented by
Steven W. Golden, Esq., Colin R. Robinson, Esq., and Brooke E.
Wilson, Esq., at PACHULSKI STANG ZIEHL & JONES LLP, in Wilmington,
Delaware.
The Foreign Proceeding is before the Ontario Superior Court of
Justice (Commercial List), Court File No. CV-25-00743275-00CL.
SWAHILI VILLAGE: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Swahili Village M Street, LLC received interim approval from the
U.S. Bankruptcy Court for the District of Columbia for authority to
use cash collateral to fund operations.
The court's interim order authorized the Debtor to use the cash
collateral of its lenders from October 6 to 20 in accordance with
its budget.
The lenders that hold security interests in the Debtor's assets
pursuant to their UCC-1 financing statements include the District
of Columbia Office of Tax and Revenue and merchant cash advance
lenders. These lenders are owed approximately $1,076,268.09.
As adequate protection for any diminution in the value of their
collateral, the lenders will be granted replacement liens on assets
acquired by the Debtor after the bankruptcy filing, with the same
priority and extent as their pre-bankruptcy liens.
The next hearing is set for October 20. The deadline for filing
objections is on October 16.
The Debtor, a restaurant business located in Washington, D.C., has
faced declining revenues attributed to COVID-19 and a broader
downturn in local restaurant traffic, resulting in missed payment
obligations. In response to liquidity shortfalls, the Debtor
resorted to high-interest financing through multiple MCA lenders,
which further strained its financial position.
The Debtor reports gross revenues of over $7 million historically
but only $5 million in 2024. On the petition date, the Debtor had
over $1 million in secured debt, including tax liens and blanket
liens from various MCA lenders, many of which are not clearly
identified in public filings due to the use of generic
representatives like CT Corporation. An additional $493,000 in debt
is recorded in the Debtor's own financial records, owed to other
MCA lenders.
About Swahili Village M Street
Swahili Village M Street, LLC operates a restaurant in Washington
DC. The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.C. Case No. 25-00437) on September 26,
2025. In the petition signed by Kevin Onyona, member, the Debtor
disclosed up to $10 million in both assets and liabilities.
Judge Elizabeth L. Gunn oversees the case.
Craig M. Palik, Esq., at McNamee Hosea, P.A., represents the Debtor
as legal counsel.
SYNECHRON HOLDINGS: S&P Affirms 'B+' ICR, Outlook Stable
--------------------------------------------------------
S&P Global Ratings affirmed its 'B+' issuer credit rating on
Synechron Holdings Inc. S&P also affirmed its 'B+' issue-level
rating on the company's first-lien term loan B; the '3' recovery
rating is unchanged and reflects its expectation for meaningful
(50%-70%; rounded estimate 55%) recovery.
The stable outlook reflects S&P's expectation that improving demand
for IT services, contributions from recent acquisitions, and cost
efficiencies will support revenue growth in the 20% area, an EBITDA
margin expansion of approximately 300 basis points (bps), and
higher levels of free operating cash flow (FOCF), enabling
Synechron to deleverage below 5x over the next 12 months. It also
assumes that the company will employ financial policies that
support these expectations.
The rating action considers that the $200 million fungible add-on
is a significant increase to the company's debt relative to the
existing capital structure, temporarily pushing its S&P Global
Ratings-adjusted leverage above 5x. S&P said, "It also reflects our
expectation that accelerating organic growth rates and the benefits
of broadened service offerings post these transactions will provide
Synechron good prospects to quickly deleverage and maintain credit
metrics in alignment with expectations for the 'B+' rating. We
project the company's leverage will decrease to the 4.0x area by
the end of fiscal 2027."
Synechron's performance so far in its fiscal 2026 reflects easing
demand headwinds and accelerating organic growth. The overall IT
spending environment faces ongoing challenges, mainly because
budgetary constraints have elongated sales cycles and have prompted
tighter cost controls on discretionary work and vendor
consolidation. These trends have pressured the company's organic
revenue generation. However, Synechron completed four strategic
acquisitions over the past year, which have helped the company
achieve modest total revenue growth of 2.7% in fiscal 2025. So far
in 2026, Synechron's strong revenue growth rates and improving
booking trends indicate that this positive momentum should continue
over the next 12 months. The company's recent growth stems
primarily from stronger demand and faster growth in Synechron's
core business.
The recent acquisitions immediately make Synechron a larger and
credentialed ServiceNow provider in the BFSI market. This is
expected to enhance win rates and wallet-share expansion with
existing customers and bring new opportunities for growth. Calitii
expands ServiceNow implementation capacity for complex, regulated
banks. RapDev brings Datadog observability, strengthening cloud,
data, and DevOps programs. Waivgen adds Appian low-code automation
for workflow and operations. Together, these new capabilities will
significantly scale and transform Synechron's ServiceNow practice
into one of the largest financial services-focused platforms among
service providers in the BFSI market. These acquisitions also
broaden the company's customer relationships because Synechron's
current customer base has minimal overlap with those of RapDev,
Calitii, and Waivgen. Furthermore, the three acquired companies
serve customers in markets beyond BFSI, including health care,
pharmaceuticals, energy and utilities, and airlines, which will
further support opportunities for expansion over time.
The company's inorganic growth strategy should position it well for
robust revenue growth in fiscal 2026, as should favorable demand
trends in recent quarters. Stronger demand and the three recent
ServiceNow-focused acquisitions position the company to unlock new
ways to increase wallet share with existing customers and enter
additional sectors, which strengthens prospects for winning new
customers. Together, these developments should drive total revenue
growth of approximately 20% in fiscal 2026. Improved revenue trends
also increase operating leverage and--along with more effective
bench utilization--boost operational efficiencies. S&P said, "We
expect the business to sustain these trends as it scales and
captures the full benefits of its recent strategic acquisitions,
which support both growth and margin expansion. Although one-time
transaction-related costs could affect credit metrics immediately
after the deal closes, we expect Synechron to improve its margin
profile as these costs subside. Our updated forecast projects that
these developments will expand adjusted EBITDA margins to the
mid-teens percent area over the next 12 months and increase free
cash flow generation to approximately $85 million in fiscal 2026."
S&P said, "We believe Synechron is willing and able to continue
adhering to sufficiently conservative financial policies despite
these acquisitions. While pro forma leverage is expected to
temporarily rise above the company's stated 2.5x-3.5x target range,
we don't view this as a departure from financial discipline. This
is because of the material scaling of Synechron's ServiceNow
practice through the acquisitions. Given the large and rapidly
growing addressable market for these services, the appetite for and
strategy to pursue all three acquisitions are considered to align
with Synechron's stated strategy of pairing deep BFSI domain
expertise with an integrated, multi-disciplinary delivery model.
Limited customer overlap supports meaningful opportunities for
incremental services to be cross-sold within Synechron's existing
customer base, expanding wallet share. In addition, revenue growth
and margin growth are expected to be accelerated by expansion into
end markets beyond BFSI, including sectors such as health care,
pharmaceuticals, energy and utilities, and airlines. Synechron also
has a track record of successfully integrating acquisitions.
"The stable outlook reflects our expectation that improving demand
for IT services, contributions from recent acquisitions, and cost
efficiencies will support revenue growth in the 20% area, EBITDA
margin expansion of approximately 300 bps, and higher levels of
FOCF, enabling the company to deleverage to below 5x over the next
12 months. It also assumes that the company will employ financial
policies that support these expectations.
"We could lower our ratings on Synechron if we expect its S&P
Global Ratings-adjusted debt to EBITDA to remain elevated over 5x
or for funds from operations (FFO) to debt to be sustained below
12%." This could occur if:
-- Its operating performance underperforms our forecast, leading
to weaker cash-flow generation;
-- The company loses key clients and we take a less-favorable view
of the business; or
-- The company demonstrates less-conservative financial policies
than suggested by management, such as by pursuing significant
debt-financed acquisitions or dividends.
S&P said, "We could raise our ratings on Synechron if it maintains
its S&P Global Ratings-adjusted leverage comfortably below 4x and
its FFO to debt metric approaches 20%. We could also raise the
ratings if we expect the company to sustain growth rates that
exceed industry averages while improving its scale and customer
diversification."
T&H 115: Seeks Chapter 7 Bankruptcy in New York
-----------------------------------------------
On October 9, 2025, T&H 115 Corp. submitted a voluntary Chapter 7
bankruptcy petition to the U.S. Bankruptcy Court for the Eastern
District of New York. The case, numbered #25-44883, shows that the
company holds liabilities estimated between $100,001 and $1
million, with a reported creditor count ranging from 1 to 49.
About T&H 115 Corp.
T&H 115 Corp. is a single asset real estate company.
T&H 115 Corp. sought relief under Chapter 7 of the U.S. Bankruptcy
Code (Bankr. E.D.N.Y. Case No. 25-44884) on October 9, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $100,001 and $1 million each.
Honorable Bankruptcy Judge Elizabeth S. Stong handles the case.
TALEN ENERGY: Moody's Confirms Ba3 CFR & Alters Outlook to Negative
-------------------------------------------------------------------
Moody's Ratings confirmed Talen Energy Supply, LLC's (Talen)
ratings, including the corporate family rating of Ba3 and its
Probability of Default Rating of Ba3-PD, the Ba2 rating for the
senior secured revolver and term loan, and the B2 rating for the
senior unsecured debt. Talen's rating outlook is revised to
negative from rating under review. As part of this rating action,
Moody's downgraded the speculative grade liquidity rating to SGL-2
from SGL-1. This concludes the review for downgrade initiated on
July 18, 2025.
At the same time, Moody's assigned a Ba2 rating to the proposed
$1.20 billion senior secured Term Loan B offering. The proceeds
from these debt issuances will be used to finance the acquisition
of two combined-cycle gas-fired power plants: the Guernsey project
in Ohio and the Moxie Freedom project in Pennsylvania.
"Guernsey and Moxie Freedom are high-quality assets located in
areas with strong demand from data centers," said Toby Shea,
Moody's Ratings VP – Sr. Credit Officer. "These acquisitions are
financed entirely with debt, which will significantly raise Talen's
leverage, thus the negative outlook."
RATINGS RATIONALE
The rating action at Talen balances the benefits of acquiring two
high quality PJM assets that will provide incremental sustainable
cash flow particularly given the very positive market dynamics
within PJM against the incremental debt burden to acquire the
assets along with the company maintaining a meaningfully sized
share repurchase program.
Talen is a relatively small merchant power producer with
significant debt burden. The company owns about 10,310 MW of
generating capacity, primarily located in the PJM market. While
Talen's asset mix includes coal, gas, and nuclear facilities, the
company's free cash flow prior to the acquisition was dominated by
its 2,228 MW Susquehanna nuclear power plant. The addition of the
Guernsey and Moxie Freedom combined-cycle gas plants (total 2,881
MW) will reduce Susquehanna's relative contribution, though it will
continue to account for a large share of portion of Talen's
consolidated free cash flow.
The Susquehanna nuclear power plant is highly profitable and
produces strong cash flow because of its large scale and low cost
of operations. It also has a high cash flow stability because it is
entitled to a $43.75/MWh price floor supported by the nuclear
production tax credit (PTC), which remains effective through 2032.
Importantly, Susquehanna is under contract to sell an increasing
amount of power to Amazon.com, Inc. (A1 Positive) at a significant
premium to the wholesale market through 2042. Amazon's contracted
share of capacity is set to increase from approximately 11% in 2026
to at least 38% starting 2029, and then to a minimum of 75%
starting 2032. The contract remains in effect through 2042.
Talen reported funds from operations (FFO) to debt ratios of 6% for
2024 and just 1% for the twelve months ending June 30, 2025. The
2024 performance was weakened by corporate actions, including a
debt-funded share repurchase and asset sales that did not result in
a corresponding debt reduction. The latest twelve-month figure was
impacted by a maintenance outage earlier in the year that extended
beyond initial expectations. These figures fall well short of the
levels typically associated with its current ratings. Given the
current strong commodity environment, the company has the potential
to produce FFO to debt ratios in the low teens, or possibly better,
but the likelihood is unclear given its track record.
Moody's also downgraded Talen's speculative grade liquidity rating
to SGL-2 from SGL-1 owing to the company's acquisition and share
repurchase plans which are expected to utilize free cash flow
generation and borrowing capacity to some degree.
Outlook
Talen's negative outlook reflects its persistently low funds from
operations (FFO) to debt ratio since emerging from bankruptcy in
May 2023. While the ratio could improve in 2026—potentially
reaching the low teens—even as the company pursues a debt-funded
acquisition, any meaningful improvement will depend on its ability
to execute its strategy effectively. This includes maintaining high
plant availability, actively managing hedge positions, and
prioritizing debt reduction. Execution of its stated goal to reduce
$300 million in acquisition-related debt and maintain a net debt to
EBITDA ratio below 3.5x by year-end 2026 will be critical to
supporting stronger credit metrics.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade
Moody's could revise Talen's outlook to stable if it consistently
maintains an FFO-to-debt ratio of 13% or higher. An upgrade is
unlikely in the near term due to the current negative outlook.
However, future upgrades would depend on the company demonstrating
sustained operational stability, robust liquidity, and further
financial improvement—specifically, maintaining an FFO-to-debt
ratio above 18%.
Factors that could lead to a downgrade
Moody's could downgrade Talen should its FFO to debt continues to
stay well below 13%. If Talen's plant operations deteriorate,
margins are negatively affected by lower power prices, there is an
increase in operating costs or weakened liquidity., a downgrade
could also occur.
Company Profile
Talen Energy Supply, LLC (Talen) is an independent power producer
with 10.3 GW of generating capacity. Talen is a wholly-owned by
Talen Energy Corporation (TEC), a holding company headquartered in
Houston, TX. TEC conducts all its business activities through
Talen.
LIST OF AFFECTED RATINGS
Issuer: Talen Energy Supply, LLC
Assignments:
Senior Secured Bank Credit Facility, Assigned Ba2
Downgrades:
Speculative Grade Liquidity Rating, Downgraded to SGL-2 from
SGL-1
Confirmations:
LT Corporate Family Rating, Confirmed at Ba3
Probability of Default Rating, Confirmed at Ba3-PD
Senior Secured Bank Credit Facility, Confirmed at Ba2
Senior Secured Regular Bond/Debenture, Confirmed at Ba2
Outlook Actions:
Outlook, Changed To Negative From Rating Under Review
Issuer: Pennsylvania Economic Dev. Fin. Auth.
Confirmations:
Senior Unsecured Revenue Bonds, Confirmed at B2
The principal methodology used in these ratings was Unregulated
Utilities and Power Companies published in August 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
TEKNATOOL USA: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Teknatool USA, Inc. received another extension from the U.S.
Bankruptcy Court for the Middle District of Florida, Tampa
Division, to use cash collateral.
The sixth interim order signed by Judge Catherine Peek McEwen
authorized the Debtor to use cash collateral to pay the amounts
expressly authorized by the court, including payments to the U.S.
trustee for quarterly fees; the expenses set forth in the budget,
plus an amount not to exceed 10% percent for each line item; and
additional amounts subject to approval by secured creditor,
Pathward, National Association. This authorization will continue
until further order of the court.
As protection for the use of its cash collateral, Pathward was
granted a post-petition lien on its collateral, with the same
validity, priority and extent as its pre-bankruptcy lien.
During the interim period, the Debtor is not required to make
payments to Pathward on the revolving loan. The Debtor, however,
agreed to a monthly payment of $10,000 on the SBA 7a loan.
As of the petition date, the Debtor owed $3.5 million to Pathward
on the SBA 7a loan.
The next hearing is scheduled for December 16.
About Teknatool USA Inc.
Teknatool USA Inc., a company in Seminole, Fla., offers a wide
array of woodturning tools and accessories, including lathes and
chucks, catering to both hobbyists and professionals in the
woodworking community.
Teknatool USA filed Chapter 11 petition (Bankr. M.D. Fla. Case No.
25-01248) on March 1, 2025. In its petition, the Debtor reported
between $1 million and $10 million in both assets and liabilities.
Judge Catherine Peek McEwen handles the case.
Joel Aresty, Esq., at Joel M. Aresty, PA is the Debtor's legal
counsel.
Pathward N.A., as secured creditor, is represented by:
James J. Webb, Esq.
Mitrani, Rynor, Adamsky & Toland, P.A.
301 Arthur Godfrey Road, PH
Miami Beach, FL 33140
Tel: (305) 358-0500
Fax: (305) 358-0550
jwebb@mitrani.com
TELESAT LLC: Nuveen Credit Marks $1.1MM Loan at 36% Off
-------------------------------------------------------
Nuveen Credit Strategies Income Fund (JQC) has marked its
$1,170,000 loan extended to Telesat LLC to market at $746,712 or
64% of the outstanding amount, according to Nuveen Credit's Form
N-CSR for the fiscal year ending July 31, 2025, filed with the U.S.
Securities and Exchange Commission.
JQC is a participant in a Loan to Telesat LLC. The loan's interest
rate and maturity is to be determined.
Nuveen Floating Rate Income Fund (JFR), Nuveen Credit Strategies
Income Fund (JQC), Nuveen Preferred & Income Opportunities Fund
(JPC), Nuveen Preferred Securities & Income Opportunities Fund
(JPI), and Nuveen Variable Rate Preferred & Income Fund (NPFD)
feature portfolio management by Nuveen Asset Management, LLC, an
affiliate of Nuveen Fund Advisors, LLC, the Funds' investment
adviser. Each Fund's distribution policy, which may be changed by
the Board, is to make regular monthly cash distributions to holders
of its common shares. Each Fund intends to distribute all or
substantially all of its net investment income each year through
its regular monthly distribution and to distribute realized capital
gains at least annually.
The Fund is led by David J. Lamb as Chief Administrative Officer,
and Marc Cardella Vice President and Controller.
The Fund can be reach through:
David J. Lamb
Nuveen Credit Strategies Income Fund
333 West Wacker Drive
Chicago, IL 60606
Telephone: (800) 257‑8787
About Telesat LLC
Telesat LLC operates as a satellite operator. The Company offers
satellite delivered communications solutions to broadcast, telecom,
corporate, and government.
TOCO HOLDINGS: Seeks to Hire Andrews Myers as Legal Counsel
-----------------------------------------------------------
Toco Holdings, L.L.C. and Toco Warranty Corp. seek approval from
the U.S. Bankruptcy Court for the Southern District of Texas to
employ Andrews Myers, P.C. to serve as legal counsel in their
jointly administered Chapter 11 Subchapter V cases.
Andrews Myers, P.C. will provide these services:
(a) assist, advise, and represent the Debtors relative to the
administration of this jointly administered Chapter 11 case;
(b) assist, advise, and represent the Debtors in analyzing assets
and liabilities, investigating the extent and validity of liens and
claims, and participating in and reviewing any proposed asset sales
or dispositions;
(c) attend meetings and negotiate with representatives of
creditors;
(d) assist the Debtors in the preparation, analysis, and
negotiation of any plan(s) of reorganization and related disclosure
statement(s);
(e) take all necessary action to protect and preserve the
interests of the Debtors;
(f) appear before the Court, Appellate Courts, and other courts to
protect the Debtors' interests; and
(g) perform all other necessary legal services, including the
removal of any pending Texas state court litigation to the
Bankruptcy Court.
These are the hourly billing rates for Andrews Myers, P.C.:
-- T. Josh Judd, Shareholder $585
-- Edward Ripley, Shareholder $700
-- Lisa Norman, Shareholder $575
-- Bryce C. Latray, Associate $385
-- Paralegals $200 to $285
Samantha Ray, the primary paralegal on this matter, bills at $275
per hour. Andrews Myers, P.C. received retainers of $50,000 from
Toco Holdings, L.L.C. and $75,000 from Toco Warranty Corp., with
remaining prepetition balances of $38,885.39 and $54,281.67,
respectively. The firm also charges a flat fee of three percent
(3.00%) of billed fees to cover most out-of-pocket expenses.
According to court filings, Andrews Myers, P.C. does not represent
any interest adverse to the Debtors or their estates and is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached at:
T. Josh Judd, Esq.
ANDREWS MYERS, P.C.
1885 Saint James Place, 15th Floor
Houston, TX 77056
Telephone: (713) 850-4200
Facsimile: (832) 786-4877
E-mail: jjudd@andrewsmyers.com
About Toco Holdings LLC
Toco Holdings, LLC, a company based in Houston, Texas, operates in
the investment management sector, focusing on stock holdings.
Toco Holdings LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 25-35378) on
September 12, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by T. Josh Judd, Esq., at Andrews Myers,
P.C.
TRANSOCEAN LTD: Announces $243M in Exercised Options for Drillships
-------------------------------------------------------------------
Transocean Ltd. announced contract fixtures for two of its
ultra-deepwater drillships. In aggregate, the fixtures represent
approximately $243 million in firm contract backlog.
In the U.S. Gulf of America, bp exercised a 365-day option for the
Deepwater Atlas in direct continuation of its firm contract.
The program is expected to contribute approximately $232 million in
backlog.
In Brazil, Petrobras exercised a 30-day option for the Deepwater
Mykonos in direct continuation of its firm program. The program is
expected to contribute approximately $11 million in backlog.
About Transocean
Transocean Ltd. is an international provider of offshore contract
drilling services for oil and gas wells. The Company specializes in
technically demanding sectors of the offshore drilling business
with a particular focus on ultra-deepwater and harsh environment
drilling services. As of Feb. 14, 2024, the Company owned or had
partial ownership interests in and operated 37 mobile offshore
drilling units, consisting of 28 ultra-deepwater floaters and nine
harsh environment floaters. Additionally, as of Feb. 14, 2024, the
Company was constructing one ultra-deepwater drillship.
Transocean reported a net loss of $512 million in 2024, a net loss
of $954 million in 2023, a net loss of $621 million in 2022, and a
net loss of $591 million in 2021. As of June 30, 2025, the Company
had $17.8 billion in total assets, $6.9 billion in total long-term
liabilities, and $9.4 billion in total equity.
* * *
Egan-Jones Ratings Company on January 21, 2025, maintained its
'CCC-' foreign currency and local currency senior unsecured ratings
on debt issued by Transocean Ltd.
In October 2025, S&P Global Ratings revised its outlook on offshore
drilling contractor Transocean Ltd. to stable from negative and
affirmed all its ratings on the company, including the 'CCC+'
issuer credit rating.
TRB SUPPLY: Gets Final OK to Use Cash Collateral
------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Alabama
granted TRB Supply Inc. final approval to use cash collateral to
fund operations.
The final order authorized the Debtor to use cash collateral in the
ordinary course of business according to its budget. Use of cash
collateral is strictly limited to necessary business expenses and
the Debtor cannot exceed any budgeted line item by more than 10%
without court approval or prior consent from the U.S. Small
Business Administration.
The Debtor projects total monthly operational expenses of
$380,741.29.
The Debtor may remit $900 per month to its legal counsel to cover
future Subchapter V trustee fees. The funds will be held in trust
pending the filing of a fee application by the Subchapter V trustee
or further orders from the court.
The SBA, which holds a $350,000 secured Economic Disaster Recovery
Loan, will be granted replacement liens on post-petition cash and
assets in case of any diminution in value of its collateral. These
liens are subordinate only to a carveout for approved professional
fees.
If the protection proves inadequate, the SBA may seek an
administrative expense claim, subordinate to the fee carveout.
The Debtor's right to use cash collateral terminates upon the
effective date of any confirmed Chapter 11 plan or failure to
comply with the order, unless cured within five days or consented
to by SBA. The order remains effective if the case is converted to
Chapter 7 or dismissed and is immediately enforceable.
The final order is available at https://is.gd/kFAH9z from
PacerMonitor.
The Debtor previously obtained an SBA EIDL loan with a balance of
approximately $350,000, secured by a lien on the Debtor's tangible
and intangible personal property, including accounts receivable and
deposit accounts.
While other creditors may assert liens, the Debtor argues the SBA
holds the priority position and that some other lien claims are
invalid or inferior.
About TRB Supply Inc.
Based in Collinsville, Alabama, TRB Supply, Inc. provides
structural steel fabrication and produces various steel products in
the metal fabrication and manufacturing industry.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ala. Case No. 25-41170) on September
3, 2025, listing $795,624 in assets and $3,218,089 in liabilities.
Judge James J. Robinson oversees the case.
Kevin D. Heard, Esq., at Heard, Ary & Dauro, LLC, represents the
Debtor as legal counsel.
TRICO MILLWORKS: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
The U.S. Bankruptcy Court for the District of Maine granted Trico
Millworks, Inc. final approval to use cash collateral to fund
operations.
The final order authorized the Debtor to use cash collateral
according to its budget, with expenditures capped at 110% of the
projected amounts. Weekly reporting to the pre-bankruptcy
lienholder, the Subchapter V trustee, and the U.S. Trustee is
required to compare actual versus projected performance.
The Debtor's 13-week budget projects total operational expenses of
$549,134.
As adequate protection, the pre-bankruptcy lienholder will be
granted liens on all of the Debtor's assets (except avoidance
action proceeds) to the extent of any diminution in the value of
its collateral, maintaining the same priority as before the
petition. The lienholder also retains continuing liens on proceeds,
products, and profits acquired post-petition. These liens are fully
perfected without additional filings.
In case these adequate protection liens do not fully cover any
diminution in value, the remaining obligations will constitute
administrative claims under 11 U.S.C. Section 507(b).
A continued final hearing is set for December 4, with objections
due by November 26.
About Trico Millworks Inc.
Trico Millworks, Inc. designs, fabricates, and installs custom
architectural millwork for commercial construction projects across
Maine and New Hampshire. Founded in 2000, the company serves
schools, medical facilities, and office buildings, providing
cabinetry, doors, stair components, reception and display fixtures,
and other interior woodwork, and holds QCP Certification from the
Architectural Woodwork Institute. Trico Millwork collaborates with
contractors on projects ranging from small fit-ups to large-scale
millwork packages.
Trico Millworks sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Me. Case No. 25-20222) on
September 15, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Michael A. Fagone handles the case.
The Debtor is represented by Adam Prescott, Esq., at Bernstein,
Shur, Sawyer & Nelson, P.A. BCM ADVISORY GROUP is the Debtor's
Financial Advisor.
TRICOLOR AUTO: Stops Paying Rent Prior to Ch. 7, Landlords Say
--------------------------------------------------------------
Aidan Bush of Auto Finance News reports that Tricolor Auto Group, a
Dallas, Texas-based subprime auto lender and used-car dealer,
sought Chapter 7 bankruptcy protection on September 10, 2025, after
falling behind on rent payments the month before. Court filings
show that nearly a dozen of the company's landlords have entered
appearances in the case, seeking to recover unpaid rent and
determine what will happen to vehicles still stored on their
properties.
Documents filed in bankruptcy court reveal that the trustee’s
office overseeing Tricolor's liquidation has begun the process of
removing vehicles from various dealership and storage locations.
The retrieval and sale of those vehicles could take several weeks
due to the scale of operations and the involvement of multiple
landlords in different states.
Tricolor built its business around providing financing and
affordable vehicles to underserved, credit-challenged buyers,
particularly within Hispanic communities. At its height, the
company ran more than 50 locations across Texas, Nevada, and
California, but its shutdown now stands as a major blow to the
subprime auto finance sector, the report states.
About Tricolor Auto Acceptance
Tricolor Auto Acceptance is an Irving, Texas-based subprime auto
lender.
Tricolor Auto Acceptance, together with its parent Tricolor Auto
Group and other affilites sought relief under Chapter 7 of the U.S.
Bankruptcy Code(Bankr. N.D. Tex. Case No. 25-33497) on September
10, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
The Debtor is represented by Thomas Robert Califano, Esq., at
Sidley Austin LLP.
TRIDENT EQUITIES: Section 341(a) Meeting of Creditors on Nov. 10
----------------------------------------------------------------
On October 9, 2025, Trident Equities LLC initiated voluntary
Chapter 11 bankruptcy proceedings in the Eastern District of New
York. The company listed total liabilities between $1 million and
$10 million. The petition further noted that the company has
approximately 1 to 49 creditors.
A meeting of creditors under Section 341(a) to be held on November
10, 2025 at 02:00 PM at USA Toll-Free (888) 330-1716, USA Caller
Paid/International Toll (713) 353-7024, Access Code 7219992.
About Trident Equities LLC
Trident Equities LLC is a real estate investment company.
Trident Equities LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-73917) on October 9,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Alan S. Trust handles the case.
TURQUOISE LLC: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Turquoise, LLC
DBA Turquoise Trucking
34 43rd Ave SW
Cedar Rapids, IA 52404
Business Description: Turquoise, LLC, operating as Turquoise
Trucking, provides trucking and logistics
services from Cedar Rapids, Iowa, offering
dry van and refrigerated transportation
across the contiguous United States. The
Company operates an asset-based fleet of
tractors and trailers and provides
warehousing, cross-docking, and team
delivery services. It serves commercial
clients with a focus on safety, efficiency,
and professional freight handling.
Chapter 11 Petition Date: October 8, 2025
Court: United States Bankruptcy Court
Northern District of Iowa
Case No.: 25-01112
Debtor's Counsel: Joseph A. Peiffer, Esq.
AG & BUSINESS LEGAL STRATEGIES
PO Box 11425
Cedar Rapids, IA 52410
Tel: 319-363-1641
Fax: 319-200-2059
Email: joe@ablsonline.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Resat Akinci as member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/K7UFA3A/Turquoise_LLC__ianbke-25-01112__0001.0.pdf?mcid=tGE4TAMA
TURQUOISE LLC: Seeks Subchapter V Bankruptcy in Iowa
----------------------------------------------------
On October 8, 2025, Turquoise LLC voluntarily sought Chapter 11
bankruptcy protection in the U.S. Bankruptcy Court for the Northern
District of Iowa. The company's filing shows liabilities between $1
million and $10 million. Court documents further indicate that the
debtor has between 50 and 99 creditors.
About Turquoise LLC
Turquoise LLC is a limited liability company.
Turquoise LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Iowa Case No. 25-01112) on
October 8, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Thad J. Collins handles the case.
The Debtor is represented by Austin Peiffer, Esq. of Ag & Business
Legal Strategies.
UNITED CABINET: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: United Cabinet Company, LLC
DBA Kabinart
3650 Trousdale Drive
Nashville, TN 37204-4511
Business Description: United Cabinet Company, LLC, doing business
as Kabinart, designs and manufactures
kitchen cabinetry products, including a
range of door styles, specialty finishes,
and interior convenience features. Founded
in 1963, the Company focuses on producing
premium construction cabinets through a
network of local, independently owned
businesses rather than national retail
chains. It operates a 170,000-square-foot
facility staffed by approximately 150
employees.
Chapter 11 Petition Date: October 6, 2025
Court: United States Bankruptcy Court
Middle District of Tennessee
Case No.: 25-04196
Judge: Hon. Nancy B King
Debtor's Counsel: Michael G. Abelow, Es.q
SHERRARD ROE VOIGT & HARBISON, PLC
1600 West End Avenue
Suite 1750
Nashville, TN 37203
Tel: (615) 742-4532
Email: mabelow@srvhlaw.com
Total Assets: $2,528,520
Total Liabilities: $15,466,436
The petition was signed by Adam Taylor as CEO.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/M6Y2DOY/United_Cabinet_Company_LLC__tnmbke-25-04196__0001.0.pdf?mcid=tGE4TAMA
UNITI FIBER: Fitch Assigns 'BB-(EXP)sf' Rating on Class C Notes
---------------------------------------------------------------
Fitch Ratings has assigned expected ratings and Rating Outlooks to
Uniti Fiber ABS Issuer LLC, secured fiber network revenue term
notes, series 2025-2 as follows:
- Series 2025-2, class A-1 'A-sf'/Outlook Stable;
- $180,000,000 series 2025-2, class A-2 'A-sf'/Outlook Stable;
- $28,200,000 series 2025-2, class B-2 'BBB-sf'/Outlook Stable;
- $41,800,000 series 2025-2, class C-2 'BB-sf'/Outlook Stable.
The total issuance amount above does not include the $75 million
variable funding note (VFN), as it will be undrawn at close. Class
R - Not Rated ($48.2 million, consisting of $31 million from 2025-1
and $17.2 million from 2025-2) is a risk retention class held by
the originator and reflects 5% of the fair value of notes at the
time of issuance. The total note balance including 2025-1 notes is
$839 million.
Transaction Summary
The transaction is the second securitization managed by Uniti Fiber
Holdings, Inc. (Uniti Fiber) under the master trust and follows the
2025-1 issuance in February 2025. This transaction represents a
securitization of contract payments derived from an existing
enterprise fiber network operated by Uniti. The collateral assets
include conduits, cables, network-level equipment, access rights,
customer contracts and transaction accounts. Debt is secured by net
cash flow (NCF) from operations and benefits from a perfected
security interest in the securitized assets.
The collateral network consists of the sponsor's enterprise fiber
network, which includes approximately 20,000 fiber route miles,
serves approximately 14,000 buildings and 7,000 wireless towers
across multiple counties in Florida, Alabama, Louisiana,
Mississippi, Georgia and South Carolina. The collateral network
supports 26,803 circuits that provide dark/lit backhaul for
fiber-to-the-tower wireless customers, data transport, internet and
ethernet connectivity solutions for enterprise businesses, voice
services and wholesale last-mile fiber connections for wireline
carriers. Fitch estimates that the securitized collateral
represents approximately 56% of Uniti's revenues from enterprise
customers generated through fiber networks based on
management-provided fiscal year 2025 data.
With the 2025-2 issuance, markets in Georgia and South Carolina
will be contributed to the master trust. In addition, the 2025-2
issuance includes a VFN with a maximum principal amount of $75
million, although it will be undrawn at close. The VFN is subject
to draw conditions, which include pro forma senior leverage and pro
forma senior debt service coverage ratio (DSCR).
The ratings reflect a structured finance analysis of cash flows
from the ownership interest in the underlying fiber optic network,
rather than an assessment of the corporate default risk of the
ultimate parent, Uniti Group Inc. (B-/Stable).
In August 2025, Uniti completed its acquisition of Windstream,
pursuant to which it has reorganized its business units,
consolidated its debt facilities (the Uniti parent entity is now
the obligor and/or guarantor on all debt facilities), and
consolidated all operations.
Uniti acquired Windstream's residential fiber, enterprise and
wholesale assets. Windstream assets have been excluded from the
subject 2025-2 issuance. Following the merger, Uniti has
reorganized into the following three business segments which will
be reflected in its financial reporting:
- Kinetic, which consists of fiber-to-the home and Kinetic business
and wholesale;
- Fiber Infrastructure, which includes Uniti Fiber, Uniti Leasing,
and the Windstream Wholesale segments;
- Uniti Solutions (formerly known as Windstream Enterprise).
The assets in 2025-1 and 2025-2 are part of the Uniti Fiber unit
within the Fiber Infrastructure segment.
The ratings on the 2025-1 notes are subject to affirmation
concurrent with the transaction close and the assignment of final
ratings.
KEY RATING DRIVERS
NCF and Leverage: Fitch's NCF on the pool is $79.9 million,
implying a 14.3% haircut to issuer NCF. The debt multiple relative
to Fitch's NCF on the rated classes is 10.5x, compared with
debt/issuer NCF leverage of 9.0x.
Based on the Fitch NCF and assumed annual revenue growth of 1.5%,
and following the transaction's anticipated repayment date (ARD),
the notes would be repaid 17.8 years from closing.
Credit Risk Factors: The major factors affecting Fitch's
determination of cash flow and maximum potential leverage include
the high quality of the underlying collateral networks, which are
100% fiber, the low historical churn rates compared to peers, the
geographic diversification of the collateral and low customer
concentration, strong competitive positioning, seasoned markets
with adequate operating history, the capability of the operator,
and the transaction structure.
The collateral for this transaction exhibits diversity by customer
concentration and geography with two additional markets (Georgia
and South Carolina). The collateral pool contains 26,803 circuits
with the two largest customers accounting for 21.6% and 9.5% of
collections, respectively, with no other customer accounting for
more than 2.4% of monthly revenue.
The geographic footprint for the collateral consists of networks of
counties along the Gulf Coast region of the U.S., in the states of
Florida (30.9% of monthly revenue), Alabama (29.3%), Louisiana
(26.7%) and Mississippi (8.1%). For the newly contributed states,
Georgia represents 4.4% and South Carolina represents 0.6% of
monthly revenues.
Asset composition is consistent with 2025-1 with the exception of
possible introduction of e-rate contracts. The newly contributed
markets (Georgia and South Carolina) are well-seasoned and have
strong competitive positioning. For the overall portfolio, the
weighted average seasoning, remaining contract term, customer
concentration, and revenue mix are all generally stable.
E-rate contracts can be contributed to the securitization, and
contractual revenues from these contracts would contribute to
meeting draw conditions to borrow under the VFN. These contracts
rely upon subsidies provided to educational institutions to make
payments under the contract; in Fitch's view, such contracts may be
susceptible to idiosyncratic risks including legislative action,
program demand exceeding allocated funding, and reduction of
eligible services.
Although Fitch does not expect that e-rate circuits will comprise a
large portion of the overall cash flow given the diversification in
the pool and Uniti having shown several years of churn data for
this segment, these contracts were not within the purview of the
asset and market analysis provided by Altman, the back-up manager.
Fitch would require additional data and analysis to consider
potential mitigants.
The transaction structure is similar to other digital
infrastructure securitizations rated by Fitch. Attributes that
include an in-place backup manager, triggers related to cash flow
decline, a six-month liquidity reserve and an ARD structure are
consistent with what Fitch typically observes in the sector. The
transaction introduces a VFN with associated draw conditions.
Trigger levels are consistent with 2025-1. The cap on replacement
churn capex will increase from $23 million to $32 million, although
it remains consistent as a percentage of debt issued.
Interest is allocated sequentially among the securities in direct
alphanumerical order. Interest will be paid as follows: A-1, A-2,
B-1, B-2, C
Interest is based on the amount of accrued interest. Accrued
interest for each note will be calculated on the basis of a 360-day
year consisting of 12 30-day months.
If a Rapid Amortization Period or Post-ARD Period is in effect,
payments of accrued note interest on the Class C Notes will be
subordinated to payments of principal on the Class A Notes and
Class B Notes, as more specifically set forth in the priority of
payments.
Principal payments will be paid in accordance with the amortization
schedule. No principal payments will be required prior to the ARD
of each series unless a cash flow sweep or amortization period
commences, an event of default under the indenture occurs and is
continuing or certain casualty or condemnation events occur, or
with proceeds from the disposition of fiber assets.
Any scheduled principal payments will be paid as follows: A-1, A-2,
B-1, B-2, C.
Technology-Dependent Credit: Due to the specialized nature of the
collateral and potential for changes in technology to affect
long-term demand for digital infrastructure, the senior classes of
this transaction do not achieve ratings above 'Asf'. The securities
have a rated final payment date 30 years after closing, and the
long-term tenor of the securities increases the risk that an
alternative technology will be developed, rendering obsolete the
current transmission of data through fiber optic cables. Fiber
optic cable networks are currently the fastest and most reliable
means to transmit information, and data providers continue to
invest in and utilize this technology.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
Declining cash flow as a result of higher expenses, customer churn,
declining contract rates, contract amendments or the development of
an alternative technology for the transmission of data could lead
to downgrades.
Fitch's base case NCF was 14.3% below the issuer's underwritten
cash flow. A further 10% decline in Fitch's NCF indicates the
following ratings based on Fitch's determination of MPL: class A1
and A2 to 'BBB-sf' from 'A-sf', class B1 and B2 to 'BBsf' from
'BBB-sf', and class C to 'B-sf' from 'BB-sf'.
In its analysis, Fitch considered scenarios relating to borrowings
under the VFN. The VFN will not be drawn at inception. Although
there are other draw conditions, Fitch views the primary constraint
as the 6.50x maximum pro forma senior leverage ratio. At closing of
2025-2, this leverage ratio is at approximately 6.5x. Therefore, to
fund the VFN at or near inception, asset contributions generating
sufficient net operating income would be required.
One scenario applied Fitch NCF, adjusted for revenue growth to
reflect a fully funded VFN, and interest-rate stresses to evaluate
the impact of higher rates attached to the VFN. The interest rate
stress does not result an increased time for the A, B or C notes to
pay in full.
Sensitivity Regarding VFN Draw Conditions and E-rate Contributions
Fitch evaluated a sensitivity to evaluate the degree to which the
draw conditions that govern the VFN effectively preserve NCF and
the overall quality, in Fitch's estimation, of the securitized
assets. Given that asset contributions that represent a 5% increase
in NCF for a fiscal year would trigger a rating agency
confirmation, Fitch evaluated a scenario in which assets are
contributed up to this threshold. In this scenario, Fitch models
that only e-rate contracts are contributed to the transaction, on
which Fitch has employed a conservative haircut.
In this scenario, Fitch increased revenues commensurate with the
issuer's NCF margin on gross revenues of 51.7%. It assumed VFN draw
permissible given draw conditions (approximately $34 million). In
this scenario, Fitch assumed some benefit to economies of scale
based on back-up manager Altman's management fee projections. This
scenario reflects a 15.1% haircut versus the issuer NCF for this
scenario, for which Fitch simply scaled issuer NCF by 5%. Given
that Fitch expects that e-rate contracts will only be contributed
at an organic growth rate, Fitch considers the lump-sum
contribution of 5% to be unlikely; however, the scenario is meant
to increase exposure to assets which, in its view, represent a
higher degree of uncertainty than average.
Rating Impact: The A, B, and C notes are one notch lower versus
Fitch's central scenario.
Sensitivity Regarding Dish Exposure and Non-renewal Risk
Fitch performed a sensitivity to evaluate the impact of
non-renewals by Dish/Echostar relating to the pending sale of its
Sling TV and Dish TV to AT&T. Dish circuits represent $4.2 million
of gross revenues and include only circuits from 2025-1 as 2025-2
circuits were removed given the non-renewal risk. Fitch was
informed that the contracts have steep termination penalties, which
makes it cost-prohibitive to terminate early. They have a weighted
average remaining term of 28 months versus a weighted average
original term of 59 months. Total revenue under contractual
protection is $9.9 million (assuming contractual make-whole for
early termination), which offers some risk mitigation.
In this sensitivity, Fitch applies an additional 47.3% haircut to
the Dish circuits' annual contractual revenue on top of the
central-scenario haircuts. The 47.3% reflects the remaining term as
a fraction of the original term, allowing partial credit to the
contractual projections while assuming all circuits terminate at
the end of their current contracts.
In this scenario, FNCF decreases by 1.7%.
Rating Impact: The A, B and C notes are one notch lower versus
Fitch's central scenario.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
Increasing cash flow from rate increases, additional customers,
lower expenses or contract amendments could lead to upgrades.
A 20% increase in Fitch's NCF indicates the following ratings based
on Fitch's determination of MPL: class A1 and A2 to 'Asf' from
'A-sf', class B to 'Asf' from 'BBB-sf', and class C to 'BB+sf' from
'BB-sf'.
Upgrades, however, are unlikely given the issuer's ability to issue
additional pari passu notes. Also, the senior classes are capped at
the 'Asf' category.
USE OF THIRD PARTY DUE DILIGENCE PURSUANT TO SEC RULE 17G -10
Form ABS Due Diligence-15E was not provided to, or reviewed by,
Fitch in relation to this rating action.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
VALLEY JUICE: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: Valley Juice, LLC
6800 Koll Center Parkway, Suite 100
Pleasanton, CA 94566
Case No.: 25-41876
Business Description: Valley Juice, LLC operates quick-service
restaurants under the Jamba brand, offering
smoothies, juices, and related food products
in the San Francisco Bay Area. The Company
manages franchise locations that provide
blended fruit and vegetable beverages,
energy bowls, and snacks to retail
consumers.
Chapter 11 Petition Date: October 8, 2025
Court: United States Bankruptcy Court
Northern District of California
Judge: Hon. William J Lafferty
Debtor's Counsel: Chris Kuhner, Esq.
KORNFIELD, NYBERG, BENDES, KUHNER & LITTLE P.C.
1970 Broadway, Ste 600
Oakland, CA 94612
Tel: 510-763-1000
Fax: 510-273-8669
Email: c.kuhner@kornfieldlaw.com
Total Assets: $639,209
Total Liabilities: $24,977,816
The petition was signed by Dwayne Redmon as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/VTKKUKI/Valley_Juice_LLC__canbke-25-41876__0001.0.pdf?mcid=tGE4TAMA
VDR MULTIFAMILY: Section 341(a) Meeting of Creditors on November 14
-------------------------------------------------------------------
On October 5, 2025, VDR Multifamily LLC filed Chapter 11
protection in the . According to court filing, the Debtor
reports between $1 million and $10 million in debt owed to 1 and
49 creditors. The petition states funds will be available to
unsecured creditors.
A meeting of creditors under Section 341(a) to be held on November
14, 2025 at 01:30 PM by TELEPHONE.
About VDR Multifamily LLC
VDR Multifamily LLC, doing business as Villa del Rey Apartments,
operates a residential apartment community in Dallas, Texas,
offering modern rental units with amenities including a swimming
pool, fitness center, and landscaped grounds. The Company provides
property management, on-site operations, and diverse portfolio
management services. It serves the local multifamily housing
market, emphasizing convenience to nearby highways, shopping,
dining, and entertainment.
VDR Multifamily LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-33888) on October 5,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Scott W. Everett handles the case.
The Debtor is represented by Robert T DeMarco, Esq. of DEMARCO
MITCHELL, PLLC.
VERIJET INC: Seeks Chapter 7 Protection w/ $10.5MM Jet Card Debts
-----------------------------------------------------------------
Doug Gollan of Private Jet Cards Comparison reports that the
receiver for Verijet filed for Chapter 7 bankruptcy on October 9,
2025, in the U.S. Bankruptcy Court for the Southern District of
Florida, 11th Circuit. The filing follows the death of founder
Richard Kane last month, September 2025, and a series of legal and
financial challenges, with liabilities totaling $38.7 million. A
court-appointed representative has been overseeing the company
since June 2025, and the bankruptcy petition lists $2.5 million in
assets, primarily from an insurance claim related to a Cirrus SF-50
Vision Jet, along with $200 in office furniture and no cash on
hand.
Verijet's financial exposure to jet card customers is substantial.
According to Private Jet Card Comparisons, 81 clients had a
combined balance of $10.5 million, with an average of $129,697 per
account. Thirty-nine clients held more than $100,000 each, four had
over $450,000, and the largest balance was $728,000. Additional
debts include judgments from jet card clients, trade accounts,
aircraft lessors, and obligations to vendors such as FBOs, fuel
suppliers, and former employees.
Founded in 2020, Verijet grew quickly, expanding from Florida and
the Southeast to the West Coast, Texas, and the Northeast. The
company offered hourly charter rates starting at $3,500, with
discounted jet card rates as low as $2,500. By 2022, it ranked as
the 30th-largest U.S. charter and fractional operator, climbing to
13th by the end of 2023. Rapid growth, however, was accompanied by
legal and operational setbacks, including multiple lawsuits from
clients, lessors, and former employees alleging unpaid bills and
undelivered flights, many of which resulted in default judgments.
As of mid-September 2025, FAA records showed Verijet held three
Cirrus jets on its certificate, though FlightAware reported only
one had flown in the prior three months, the report states.
Kane pursued several initiatives to stabilize and expand the
company, including partnerships in the aeromedical sector and
claims of securing new financing. Upon his return to the company in
November 2023, he announced an $85 million capital infusion aimed
at decarbonizing private travel and supporting business growth.
Plans for a SPAC merger and IPO were also announced. Despite these
efforts, Verijet's mounting legal challenges and financial
obligations ultimately led to its Chapter 7 filing, closing the
chapter on a company that had quickly risen to prominence in the
very light jet market, the report relays.
About Verijet Inc.
Verijet, established in Florida in 2020 by Richard Kane, is a
seasoned entrepreneur in aviation and telecommunications,
specialized in on-demand charter operations featuring the Cirrus
SF50 Vision Jet, a single-engine very light jet known for its
efficiency and safety features.
Verijet Inc. sought relief under Chapter 7 of the U.S. Bankruptcy
Code (Bank. S.D. Fla. Case No. 25-21901) on October 9, 2025. In its
petition, the Debtor reports $2.5 million in asset and liabilities
totaling $38.7 million.
Honorable Bankruptcy Judge Corali Lopez-Castro handles the case.
VF CORP: S&P Withdraws 'B' Short-Term Issuer Credit Rating
----------------------------------------------------------
S&P Global Ratings withdrew its 'B' short-term issuer credit rating
and commercial paper rating on U.S.-based VF Corp.'s at the
issuer's request.
S&P's 'BB' issuer credit rating and stable outlook on the company
are unchanged. The company's senior unsecured notes are also rated
'BB.'
VICTORIA'S KITCHEN: Seeks Cash Collateral Access Until Nov. 30
--------------------------------------------------------------
Victoria's Kitchen LLC asks the U.S. Bankruptcy Court for the
Eastern District of Pennsylvania for authority to use cash
collateral and provide adequate protection.
The Debtor has previously entered into monthly consent agreements
with the U.S. Small Business Administration, allowing the use of
the agency's cash collateral to maintain business operations. The
most recent order permitting such use expires on October 31.
However, with the expiration of federal appropriations under the
Full-Year Continuing Appropriations and Extensions Act 2025, a
government shutdown has commenced, furloughing key personnel at the
SBA and Department of Justice. This shutdown prevents timely review
and approval of new cash collateral requests. Without access to
cash receipts, the Debtor risks operational failure and irreparable
harm to the estate.
To prevent such harm, the Debtor requests an order from the court
allowing continued use of cash collateral under the same terms as
the current agreement. The requested extension would last through
November 30 or until 21 days after federal appropriations are
reinstated.
A court hearing is scheduled October 21.
About Victoria's Kitchen LLC
Victoria's Kitchen, LLC operates as a food service business
offering southern-style comfort and soul food dishes, including
seafood, lamb, soups, pasta, salads, and desserts. It provides
takeout, delivery, and catering services in the Philadelphia,
Pennsylvania, and Sicklerville, New Jersey areas, and also runs a
food truck service.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-13380) on August 26,
2025. In the petition signed by Victoria A. Turner Tyson, managing
member, the Debtor disclosed up to $500,000 in assets and up to $10
million in liabilities.
Judge Derek J. Baker oversees the case.
Michael Assad, Esq., at Sadek Law Offices, represents the Debtor as
bankruptcy counsel.
VOYAGER DIGITAL: Court Refuses to Toss Binance Suit Contract Claims
-------------------------------------------------------------------
Alex Wittenberg of Law360 reports that on October 9, 2025, a New
York bankruptcy judge indicated he was inclined to reject
Binance.US's motion to toss out Voyager Digital's
breach-of-contract lawsuit over their aborted asset sale. The judge
said he believes Voyager has presented a viable claim that merits
further examination in court.
While no formal ruling has been issued, the judge pointed out that
Voyager sufficiently alleged the necessary components of a
breach-of-contract action—including a binding agreement, proper
performance by Voyager, failure to perform by Binance.US, and
resulting financial losses. These elements, he suggested, meet the
standard for the case to proceed, the report states.
Should the judge's anticipated ruling stand, Voyager's claims will
advance within its bankruptcy case, allowing the company to
continue pursuing remedies related to the collapsed transaction.
The outcome would ensure that key issues surrounding the failed
crypto deal remain before the court, the report relays.
About Voyager Digital Holdings
Based in Toronto, Canada, Voyager Digital Holdings Inc. --
https://www.investvoyager.com/ -- ran a cryptocurrency platform.
Voyager claimed to offer a secure way to trade over 100 different
crypto assets using its easy-to-use mobile application. Through its
subsidiary Coinify ApS, Voyager provided crypto payment solutions
for both consumers and merchants around the globe.
Voyager Digital Holdings Inc. and two affiliates sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead
Case No. 22-10943) on July 5, 2022. In the petition filed by
Stephen Ehrlich, chief executive officer, the Debtors estimated
assets and liabilities between $1 billion and $10 billion.
Judge Michael E. Wiles oversees the cases.
The Debtors tapped Kirkland & Ellis, LLP as general bankruptcy
counsel; Berkeley Research Group, LLC, as financial advisor; Moelis
& Company as investment banker; Consello Group as strategic
financial advisor; Deloitte Tax, LLP as tax services provider; and
Deloitte & Touche, LLP, as accounting advisor. Stretto, Inc., is
the claims agent.
On July 19, 2022, the U.S. Trustee for Region 2 appointed an
official committee of unsecured creditors in the Chapter 11 cases.
The committee tapped McDermott Will & Emery, LLP as bankruptcy
counsel; FTI Consulting, Inc., as financial advisor; Cassels Brock
& Blackwell, LLP as Canadian counsel; and Epiq Corporate
Restructuring, LLC, as noticing and information agent.
The committee also tapped the services of Harney Westwood &
Riegels, LP, in connection with Three Arrows Capital Ltd.'s
liquidation proceedings in British Virgin Islands.
On July 6, 2022, the Debtors filed a joint Chapter 11 plan of
reorganization.
* * *
Following an auction process, the Debtors in September 2022
selected the bid submitted by FTX US' West Realm Shires Inc. as the
winning bid for the assets. But after a series of events, FTX
collapsed in November 2022, before the sale could be completed.
After reopening bidding, Voyager Digital selected the offer from
U.S. exchange BAM Trading Services Inc. (doing business as
"Binance.US") as the highest and best bid for its assets. Binance's
bid is valued at $1.022 billion.
In April 2023, Binance.US called off its deal to buy assets of
bankrupt crypto lender Voyager Digital, citing a "hostile and
uncertain regulatory climate."
VSBROOKS INC: Gets Extension to Access Cash Collateral
------------------------------------------------------
VSBROOKS, Inc. received another extension from the U.S. Bankruptcy
Court for the Southern District of Florida, Miami Division, to use
cash collateral.
The Debtor was authorized to use cash collateral to pay the amounts
expressly authorized by the court; the expenses set forth in its
budget, plus an amount not to exceed 10% for each line item; and
additional amounts subject to approval by City National Bank.
The term of the budget expires on October 30 unless further
extended at a hearing to take place on October 29.
As adequate protection for the Debtor's use of its cash collateral,
City National Bank will have a replacement lien on all property
acquired or generated by the Debtor after its Chapter 11 filing,
with the same priority and extent as the bank's pre-bankruptcy
lien. The replacement lien will be junior to fees and costs awarded
to bankruptcy professionals.
As additional protection, City National Bank will receive a $15,000
monthly payment beginning this month.
In 2023, the Debtor and City National Bank entered into a loan
agreement backed by the U.S. Small Business Administration. The
loan is secured by a blanket lien on all of the Debtor's assets as
documented in a UCC-1 financing statement. The loan, originally in
the principal amount of $2.5 million, has a remaining balance of
approximately $2.39 million.
City National Bank is represented by:
Melbalynn Fisher, Esq.
Ghidotti | Berger LLP
10800 Biscayne Blvd., Suite 201
Miami, FL 33161
Tel: (305) 501-2808
Fax: (954) 780-5578
bknotifications@ghidottiberger.com
About VSBROOKS Inc.
VSBROOKS Inc., doing business as The 3rd Eye Creative Agency, is a
certified women-owned independent full-service marketing agency in
Miami specializing in health and wellness brands. With more than 25
years of experience, it focuses on generational healthcare
advertising, women's healthcare initiatives, multicultural audience
engagement and B2B growth within regulatory compliance.
VSBROOKS sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. Case No. 25-18690) on July 29, 2025. In its
petition, the Debtor reported estimated assets between $500,000 and
$1 million and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Laurel M. Isicoff handles the case.
The Debtor is represented by:
Jacqueline Calderin, Esq.
Email: 305-722-2002
Email: jc@agentislaw.com
Robert P. Charbonneau, Esq.
Tel: 305-722-2002
Email: rpc@agentislaw.com
WARRIORS BOXING: Seeks Chapter 7 Bankruptcy in Florida
------------------------------------------------------
On October 9, 2025, Warriors Boxing LLC voluntarily filed for
Chapter 7 bankruptcy protection in the Southern District of
Florida. The company's petition disclosed assets between $0 and
$100,000 and liabilities between $100,001 and $1 million. It
further stated that its creditor count falls within the range of 1
to 49.
About Warriors Boxing LLC
Warriors Boxing LLC is a Florida limited liability company.
Warriors Boxing LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-21894) on October 9,
2025. In its petition, the Debtor reports estimated assets up to
$100,000 and estimated liabilities between $100,001 and $1
million.
Honorable Bankruptcy Judge Peter D. Russin handles the case.
The Debtor is represented by George Lambert, Esq., at The Lambert
Law Firm P.C.
WESTSIDE 1767: Seeks Chapter 7 Bankruptcy in New York
-----------------------------------------------------
On October 9, 2025, Westside 1767 LLC submitted a voluntary Chapter
7 bankruptcy petition in the U.S. Bankruptcy Court for the Eastern
District of New York. Court documents show the company's total
liabilities are estimated between $1 million and $10 million. The
petition indicates that WESTSIDE 1767 LLC has approximately 1 to 49
creditors.
About Westside 1767 LLC
Westside 1767 LLC is a single asset real estate company.
Westside 1767 LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-44879) on October 9,
2025. In its petition, the Debtor reports estimated assets up to
$100,000 and estimated liabilities between $1 million and $10
million.
WESTSIDE TOW: Case Summary & 19 Unsecured Creditors
---------------------------------------------------
Debtor: Westside Tow & Transport, Inc.
2535 Townsgate Road
Westlake Village, CA 91361
Case No.: 25-11352
Business Description: Westside Tow & Trucking, Inc. provides
general freight and vehicle transport
services in Southern California, offering
local and long-distance hauling of
automobiles and other freight for commercial
and individual clients.
Chapter 11 Petition Date: October 8, 2025
Court: United States Bankruptcy Court
Central District of California
Judge: TBD
Debtor's Counsel: Tamar Terzian, Esq.
TERZIAN LAW GROUP, APC
1122 E. Green Street
Suite 200
Pasadena, CA 91106
Tel: (818) 242-1100
Email: tamar@terzlaw.com
Total Assets: $3,142,750
Total Liabilities: $6,838,164
The petition was signed by Peter Nduru Wambaa as president.
A full-text copy of the petition, which includes a list of the
Debtor's 19 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FJZOBAQ/Westside_Tow__Trucking_Inc__cacbke-25-11352__0001.0.pdf?mcid=tGE4TAMA
WESTSIDE TOW: Seeks Chapter 11 Bankruptcy in California
-------------------------------------------------------
On October 8, 2025, Westside Tow & Trucking Inc. initiated
voluntary Chapter 11 bankruptcy proceedings in the Central District
of California. The company reported liabilities estimated between
$1 million and $10 million. Filings indicate the debtor has between
1 and 49 creditors.
About Westside Tow & Trucking Inc.
Westside Tow & Trucking Inc. is a Los Angeles area towing and
trucking company.
Westside Tow & Trucking Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11352) on
October 8, 2025. In its petition, the Debtor reports estimated
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Ronald A. Clifford III handles the
case.
The Debtor is represented by Tamar Terzian, Esq., of Terzian Law
Group, APC.
WFL BUILDERS: Seeks Chapter 11 Bankruptcy in New York
-----------------------------------------------------
On October 7, 2025, WFL Builders LLC voluntarily filed for Chapter
11 bankruptcy in the Southern District of New York. According to
the petition, the company's liabilities are between $0 and
$100,000, with an estimated 1–49 creditors.
About WFL Builders LLC
WFL Builders LLC is a limited liability company.
WFL Builders LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-36052) on October 7,
2025. In its petition, the Debtor reports estimated assets between
$100,001 and $1 million and estimated liabilities up to $100,000.
Honorable Bankruptcy Judge Kyu Young Paek handles the case.
The Debtor is represented by Michelle L. Trier, Esq. of Genova,
Malin & Trier, LLP.
WHITTAKER CLARK: States Ask Court to Revisit Talc Liability Ruling
------------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that a coalition representing 14
states and Washington, D.C., asked the Third Circuit Court of
Appeals to rethink its September 10, 2025 ruling favoring Brenntag
SE, arguing the decision could strip states and victims of their
ability to pursue asbestos-related injury claims. The ruling
determined that successor liability claims against the former
Berkshire Hathaway-owned talc supplier Whittaker Clark & Daniels
Inc. belong to its bankruptcy estate.
The attorneys general warned that the decision “imperils
states’ advocacy for their residents,” cautioning that it may
embolden corporations to use bankruptcy to shield themselves from
accountability to consumers and victims.
About Walker Edison Holdco
Walker Edison, a Delaware corporation headquartered in West Jordan,
Utah, designs and distributes affordable, ready-to-assemble home
furnishings, operating primarily through e-commerce channels rather
than traditional retail stores. Its business is managed by Walker
Edison Intermediate, LLC and Walker Edison Holdco, LLC, and it owns
EW Furniture, LLC, a Utah-based subsidiary. The company sources
most products from suppliers in Asia and Brazil, distributing them
through its Ohio and California centers or directly via major
e-commerce platforms including Wayfair, Amazon, Walmart, Target,
and Home Depot, with gross sales of roughly $124.6 million in
2024.
Walker Edison Holdco, LLC and three affiliates filed Chapter 11
petitions (Bankr. D. Del. Lead Case No. 25-11602) on August 28,
2025. At the time of the filing, Walker Edison Holdco listed up to
$50,000 in assets and between $100 million and $500 million in
liabilities.
Judge Thomas M. Horan oversees the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell, LLP as legal
counsel; Lincoln International, LLC as investment banker; MACCO
Restructuring Group, LLC as transformation advisor. Epiq Corporate
Restructuring, LLC is the Debtors' notice, claims and
administrative agent.
WILCOV HOLDINGS: Riverdale Property Sale to Curtis Thompson OK'd
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia,
Atlanta Division, has permitted Wilcov Holdings, Inc. to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor owns three separate commercial properties located in
Georgia. One property is located at 5610 Old National Highway,
College Park, Georgia 30349 (College Park), the second property is
located at 4849 Mercer University Drive, Macon, Georgia 31210
(Macon), and the third property is located at 827 Highway 138 SW,
Riverdale, Georgia 30296 (Riverdale).
The Debtor is authorized, but not directed, to sell the real
property located at 827 Highway 138 SW, Riverdale, Georgia 30296
(Riverdale) for an amount sufficient to pay Bridgewell Capital, LLC
S$700,000.00 as agreed amount plus any deficit on or before October
31, 2025.
In the event the sale of said Riverdale property does not close on
or before October 31, 2025, the Debtor is authorized, but not
directed, to sell said Riverdale property for an amount sufficient
to pay Bridgewell Capital, LLC its full claim, unless the Debtor
and Bridgwell Capital, LLC mutually agree otherwise.
At the closing of the sale, the closing attorney shall pay directly
to Bridgewell Capital, LLC said agreed amount plus any deficit
amount, if applicable. The respective secured lien in the amount of
$700,000.00 plus any deficit amount, if applicable, will attach to
all proceeds to the benefit of Bridgewell Capital, LLC.
The Debtor shall deposit the remaining proceeds in its
debtor-in-possession account as reserve operational funds to be
utilized for continued operations and to pay remaining creditors in
accordance with a confirmed Plan.
The Debtor is authorized to take all actions and to execute and
deliver all documents and instruments necessary to implement the
relief granted in the Order.
About Wilcov Holdings
Wilcov Holdings Inc. is a real estate holding company owned and
operated by Adrienne Williford and Oliver Williford.
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55970) on May 30,
2025.
The Debtor tapped Joel D. Myers, Esq., at Myers Law, LLC as
counsel, and Ginnett Zabala LLC as accountant.
WILDEC LLC: Case Summary & Five Unsecured Creditors
---------------------------------------------------
Debtor: Wildec, LLC
6159 Blue Haven Way
Clinton, WA 98236
Case No.: 25-01749
Business Description: Wildec, LLC is a single-asset real estate
debtor under 11 U.S.C. Section 101(51B) and
holds fee simple ownership of a property at
1720 75th Street SW in Everett, Washington,
valued at approximately $3.5 million.
Chapter 11 Petition Date: October 2, 2025
Court: United States Bankruptcy Court
Eastern District of Washington
Judge: Hon. Judge Frederick P. Corbit
Debtor's Counsel: Lesley D. Bohleber, Esq.
BUSH KORNFELD LLP
601 Union St., Suite 5000
Seattle, WA 98101-2373
Tel: 206-292-2110
Fax: 206-292-2104
Email: lbohleber@bskd.com
Total Assets: $3,530,234
Total Liabilities: $18,863,682
The petition was signed by Jason P. Decker as manager.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4SF4Q2Q/WILDEC_LLC__waebke-25-01749__0001.0.pdf?mcid=tGE4TAMA
Joint Administration Sought
Wildec, LLC and Decker & Williams, LLC have asked the U.S.
Bankruptcy Court for the Eastern District of Washington to
consolidate the administration of their Chapter 11 cases under the
case of Wildec, LLC (Bankr. E.D. Wash. Lead Case No. 25-01749).
WIN WASTE: Moody's Affirms 'B3' CFR & Alters Outlook to Positive
----------------------------------------------------------------
Moody's Ratings affirmed the ratings of WIN Waste Innovations
Holdings Inc. (WIN Waste), including the B3 corporate family
rating, B3-PD probability of default rating and B3 rating on the
company's senior secured first-lien bank credit facilities. Moody's
also changed the outlook to positive from stable.
The rating action follows the recent sale of the company's South
Broward facility (Broward), with sale proceeds used primarily to
pay down roughly $49 million on the company's term loans and about
$203 million of amounts drawn on its revolving credit facilities.
As a result of the debt reduction, pro forma debt-to-LTM EBITDA
(including Moody's standard adjustments) declined to approximately
5.4x from 5.6x at June 30, 2025, with aggregate revolver borrowings
at $29 million.
The positive outlook reflects the company's improved liquidity,
primarily the increased revolver borrowing capacity considering
Moody's expects free cash flow will be negative in 2025. The cash
flow will be constrained by high capital expenditures (capex),
including investments in some one-time key facility upgrades. The
improved revolver availability is also positive given the company's
exposure to earnings and cash flow pressure from outages at its
waste-to-energy (WtE) facilities. Moody's expects free cash flow to
be moderately positive in 2026. This will be driven by higher
earnings and moderation in capex after a large investment cycle in
recent years. Still, Moody's anticipates additional revolver draws
will support acquisition funding, working capital and capex needs.
The ratings affirmation reflects Moody's expectations for improving
credit metrics into 2026, building on the company's positive
momentum, with leverage falling toward 5.1x over the next year.
RATINGS RATIONALE
WIN Waste's ratings reflect its modest scale with a primary
regional focus in the Northeast US, capital intensive business
model that constrains free cash flow and high financial leverage
driven in part by debt funded acquisitions. The company is also
exposed to earnings and cash flow volatility from fluctuating
commodity prices and wholesale power markets in its energy business
(about 18% of revenue), though the risk is partially mitigated by
energy hedges. Labor cost inflation and rising landfill operating
costs will continue to weigh on margins, along with industrial
volume pressures amid uncertain macroeconomic conditions. However,
Moody's expects the company to benefit from pricing escalators on
existing contracts, higher pricing on contract renewals and the
exit of lower margin contracts, as well as efficiency improvements
and continued focus on managing costs. Moody's expects these
factors to improve earnings and cash flow over the next 12-18
months.
WIN Waste benefits from mostly stable waste disposal demand,
underpinned by long term contracts and valuable infrastructure
assets with high barriers to entry that support a recurring revenue
base. The company's disposal capabilities are supported by
strategically located facilities and rail-connected transfer
stations. These factors make the company well-positioned to capture
growing demand in its core Northeast US region, which is facing a
decline in landfill disposal capacity and a supply-demand
imbalance. Moody's expects these fundamentals to sustain favorable
pricing conditions and support stronger margins in upcoming years.
Recent investments to tap landfill gas for RNG production beginning
in 2026 will also contribute to EBITDA growth, though also exposing
the company to energy/gas price volatility.
Moody's expects WIN Waste to maintain adequate liquidity, supported
by its cash balance and Moody's expectations for adequate revolver
availability. However, Moody's expects negative free cash flow in
the near term driven by high capex and exposure to WtE unplanned
downtime and overruns on scheduled maintenance outages. Moody's
expects annual free cash flow to turn positive in 2026. The
revolving credit facilities are subject to a springing maximum
first-lien net leverage covenant of 7x, tested if borrowings exceed
35% of the revolver commitment and subject to certain carve-outs
related to letters of credit. Additionally, the $315 million
revolver expiring in January 2028 has provisions for minimum
liquidity of $75 million. Moody's expects the company to maintain
compliance and believe any amounts remaining outstanding on the
revolving tranche due March 2026 will be absorbed into the 2028
revolver. The term loan has no financial maintenance covenants.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded with deteriorating operating
results, including if Moody's expects declining revenue or
weakening margins. Expectations for debt-to-EBITDA to increase or
EBITDA less capex to interest to remain below 1.0x could also
result in a downgrade. Sustained negative free cash flow, increased
reliance on the revolver and/or an increasing reliance on equity
infusions from the sponsor for liquidity could also drive a ratings
downgrade.
The ratings could be upgraded with profitable and prudent expansion
of the company's operating footprint beyond its primary northeast
US markets for greater scale. Improving margins, such that
debt-to-EBITDA is sustained below 5.5x and EBITDA less capex to
interest approaches 1.25x, could also support a ratings upgrade.
The maintenance of good liquidity, including sustained positive
free cash flow and ample revolver availability would also be a
prerequisite for an upgrade.
The principal methodology used in these ratings was Environmental
Services and Waste Management published in August 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
WIN Waste Innovations Holdings Inc., is an indirect wholly-owned
subsidiary of Wheelabrator Technologies, Inc. The company was
formed in January 2021 from the combination of Wheelabrator and
Tunnel Hill Partners, LP, a leading integrated waste-by-rail
company in the US which owns and operates a network of collection
and transfer assets in the Northeast US. WIN Waste and its
subsidiaries, including the legacy Wheelabrator entities and Tunnel
Hill Partners, LP, are owned by affiliates of Macquarie, a private
equity firm. Revenue approximated $1.2 billion for the twelve
months ended June 30, 2025.
WOLVERINE WORLD: S&P Raises $600MM Revolver Rating to 'BB-'
-----------------------------------------------------------
S&P Global Ratings raised its issue-level rating on Wolverine World
Wide Inc.'s $600 million amended and extended revolver due Sept.
24, 2030, to 'BB-' from 'B+' and revised the recovery rating to '1'
from '2'. The '1' recovery rating indicates its expectation for
very high (90%-100%; rounded estimate: 95%) recovery in the event
of a payment default. These rating actions reflect Wolverine's
smaller revolver commitment and repayment of its term loan A, which
have reduced the amount of secured debt outstanding at emergence
under our simulated default scenario.
S&P said, "At the same time, we affirmed our 'B-' issue-level
rating on the company's $550 million senior notes due 2029. The '5'
recovery rating is unchanged, indicating our expectation for modest
(10%-30%, rounded estimate: 20%) recovery in the event of a payment
default.
"In addition, we withdrew our 'B+' issue-level rating and '2'
recovery rating on Wolverine's term loan A facility because it has
been repaid.
"Our 'B' issuer credit rating and stable outlook on Wolverine are
unchanged. The company improved its S&P Global Ratings-adjusted
leverage to 5x for the 12 months ended June 28, 2025. Wolverine had
total debt outstanding of about $708 million as of June 28, 2025."
Issue Ratings--Recovery Analysis
Key analytical factors
-- The company's capital structure comprises a $600 million
revolving credit facility due Sept. 24, 2030; a $125 million
accounts-receivable securitization facility, which S&P views as
priority debt; and $550 million of senior unsecured notes due
2029.
-- S&P said, "Wolverine is based in the U.S. In the event of an
insolvency proceeding, we anticipate that the company would file
for bankruptcy protection under the auspices of the U.S. federal
bankruptcy court system and would not involve other foreign
jurisdictions. We believe its creditors would receive maximum
recovery in a payment default scenario if the company reorganized
instead of being liquidated because of its good market position in
the very fragmented and competitive footwear industry and
well-known portfolio of brands."
-- Therefore, in evaluating the recovery prospects for its
debtholders, S&P assumes the company continues as a going concern
and arrive at its emergence enterprise value by applying a multiple
to its assumed emergence EBITDA.
Simulated default assumptions
-- S&P's simulated default scenario contemplates a default
occurring in 2028 due to competitive pressures, a
reputation-damaging event, the loss of a major customer, or a spike
in input costs that cannot be passed along to its clients. A
combination of these factors could substantially reduce Wolverine's
revenue and cash flows, triggering a payment default.
-- Debt service assumption: $63.8 million (assumed default year
interest and amortization)
-- Minimum capital expenditure assumption: $18.1 million
-- Preliminary emergence EBITDA: $81.8 million
-- Operational adjustment: 60%
-- Emergence EBITDA: $131 million
-- S&P said, "We estimate a $786 million gross emergence
enterprise value, which incorporates a 6x multiple to its emergence
EBITDA. This multiple is in line with those we use for other
U.S.-based apparel and footwear issuers."
Simplified waterfall
-- Emergence EBITDA: $131 million
-- Multiple: 6x
-- Gross recovery value: $785.8 million
-- Net recovery value (after 5% administrative cost): $746.5
million
-- Valuation split (obligor/nonobligors): 70%/30%
-- Priority claims: $101.8 million
-- Collateral for secured creditors: $566.3 million
-- First-lien claims: $523.1 million
--Recovery expectations: 90%-100% (rounded estimate: 95%)
-- Residual for unsecured claims: $121.6 million
-- Total unsecured claims: $561 million
--Recovery expectations: 10%-30% (rounded estimate: 20%)
Note: All debt amounts include six months of prepetition interest.
XTREME SPORTS: Scott Seidel Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 6 appointed Scott Seidel as Subchapter
V trustee for Xtreme Sports Group Chattanooga, LLC.
Mr. Seidel will be paid an hourly fee of $520 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Seidel declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Scott Seidel
6505 West Park Blvd., Suite 306
Plano, TX 75093
214-234-2500-main
214-234-2503-direct
Email: scott@scottseidel.com
About Xtreme Sports Group Chattanooga
Xtreme Sports Group Chattanooga, LLC filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Texas Case No.
25-43798) on October 1, 2025, listing between $500,001 and $1
million in assets and between $1 million and $10 million in
liabilities.
Judge Edward L. Morris presides over the case.
Robert Thomas DeMarco, Esq., represents the Debtor as legal
counsel.
*********
Monday's edition of the TCR delivers a list of indicative prices
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obtained by TCR editors from a variety of outside sources during
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